Skip to main content

Full text of "Code of laws of South Carolina, 1902"

See other formats


isr 



^J^/ (x>rrv^^^ 



xy . (_i. 



/ f (P-^ 




/ ^ 77 







Joseph R. Cross 
May 21, 1984 



Digitized by tine Internet Archive 

in 2010 with funding from 

Lyrasis IVIembers and Sloan Foundation 



http://www.archive.org/details/codeoflawsofsout01will 



CODE OF LAWS 



OF 



South Carolina, 



1902. 



IN TWO VOLUMES. 



VOLUME L 



The Civil Code. 



COLUMBIA, S. C. 

THE STATE COMPANY, STATE PRINTERS. 

1902. 



flo-:) 



Y< 



Entered According to Act of Congress, in the Year 1902, by 

William H. Townsend, as Code Commissioner of the State 

of South Carolina, for the Use of Said State, in 

THE Office of the Librarian of Congress, 

AT Washington, D. C. 



PREFATORY NOTE. 



In publishing this edition of the Code, annotated under the Livingston Act, 
23 Statutes at Large, 698, the Code Commissioner desires to acknowledge his 
indebtedness to the Bar of the State for suggestions and memoranda furnished 
him in the course of his work: To the family of the Hon. Silas Johnstone, 
of Newberry, for their permission to use his statement of the Rule for the cal- 
culation of annual interest in the note to Section 1660: To the Hon. O. W, 
Buchanan for help from his edition of the Code of Civil Procedure, especially 
in the Index: To Mr. R. W. Shand for the free use made of his Manual in 
the annotations and indexing of the Rules of Court and Constitutions ; and to 
Mr. William Elliott, Jr., who, when the Commissioner was engaged on other 
parts of his work, completely annotated for him the Constitution of 1895 ; as 
well as to the editors of the Revised Statutes of 1893 for its annotations re- 
vised herein. 



TABLE OF AMENDATORY STATUTES. 



The Commissioner also desires to call attention to following index to Statutes 

in the twenty-third volume Statutes at Large, passed at the same session as that 
at which the Code was adopted, and which are amendatory thereto. The references 
in numerals are to pages of Volume 23, Statutes at Large. 

CIVIL CODE (BEING VOL. I., CODE OF LAWS S. C, 1902) AMENDED. 

PAGE. 

Sec. 12 Apportionment Representation 1 197 

81 A. Committee to examine expenditures State Educational institutions 965 

I2i-i29a. State insurance 969 

203 Election precincts 977 

237 Congressional districts 976, 1197 

263 Enforcement payment of taxes 1132 

27s Taxes on mines and mining claims 1 132 

341 Compensation auditors 1075 

349 Sale real property for taxes 973 

363 Assessments for taxes 969 

376 Compensation township assessors 10S4 

378 Compensation County Board of Equalization 1085 

406 Time for payment taxes 971 

409 Distress on personal property for taxes 1132 

412 Stay of collection of taxes 972 

421 Enforcement payment of taxes 1132 

430a Contracts to evade taxation 970 

611 and 612. Itemized statement receipts by officers 1162 

651 Salaries Circuit Solicitors 982 

760 Salaries County Commissioners 1080 

763 Salaries Clerks of County Board Commissioners 1083, 1082 

763a Salaries Auditors and Treasurers 1083 

766 Township Commissioners 1083 

769 Reports of Supervisors 983 

897 Coroners' salaries 1085 

904 Clerk of Court's bond 983 

1006 Magistrates in Anderson 997 

1007 Magistrates in Bamberg 985 

1008 Magistrates in Barnwell 984 

loii Magistrates in Charleston 985 

1016 Magistrates in Clarendon 985, 1167 

1017 Magistrates in Colleton 1172, 1173 

1020 Magistrates in Edgefield 986 

1024 Magistrates in Greenville 989 

1025 Magistrates in Greenwood 988 

1030 Magistrates in Laurens 998 

1032 Magistrates in Marion 989 



VI TABLE OF AMENDATORY STATUTES. 

PAGE. 

1033 Magistrates in Marlboro ggi 

1034 Magistrates in Newberry 993 

1035 Magistrates in Oconee 1204 

1036 Magistrates in Orangeburg 1210 

1038 Magistrates in Richland 994, 1220 

1040 Magistrates in Spartanburg •. 994 

1043 Magistrates in Williamsburg 997 

1065 Appropriation for pensions . . » 1029 

1066 Who shall receive pensions 1029, 1032 

1067 How distributed pensions 1031 

1070, 1071, and 1071a County Pension Commissioner 1028 

1083a County aid to Confederate pensioners 1032 

1127 Dentists exempted from jury duty 1027 

1 197 Salaries County Superintendent of Education 1083 

1200 Compensation County Board of Education 1084 

1202 School tax levy 1 132 

1236a School funds from dispensary 1104 

1239a School books for certain pupils 1020 

1241a Payment school claims 1019 

1241b Reserve fund for schools T020 

13 13 s. d. 13. Clemson College experiments, etc 1025 

1336 Width of roads 999 

1337 Guide posts on roads 1005 

1343 Opening and discontinuing ferries and roads 999, 1000 

1345 Establishment, etc., of free ferries 999 

1349 Supervision over roads, ferries, etc 999 

1351 Road districts loio 

1353 Road sections, overseers, etc 1009 

1354 Repairs on highways and bridges 998, 1017 

135s School trustees exempt from road duty 1021, 1003 

1356 Commutation tax 1003 

1358 Working roads in Colleton 1016 

1359 Road duty in Pickens 1018 

1364 Road hands subject to overseer 1003 

1364 Road hands to be warned, etc 1004 

1365 Road hands, removal of 1004 

1366 Road hands, residences of 1004 

1367 How roads shall be worked 1002 

1368 Overseers responsible for tools 1004 

1369 Overseers to turn over property, etc 1005 

1370 Foot paths and bridges over streams 1005 

1371 Tools, etc., to be furnished for roads _ 1006 

1372 Road hands may be hired 1006 

1373 Only public roads to be worked 1007 

1374 Obstructions in roads, removal of 1007 

1375 Obstructions in roads, penalty for 1007 

1376 Obstructions in roads, by corporations 1008 

1377 Obstruction drainage public roads 1008 

1378 Railroad crossings over public roads 1009 



TABLE OF AMENDATORY STATUTES. VII 

1379 System of working public roads 1009 

1380 Chaingang working public roads . . .^ 1013 

1381 Contract system working public roads loii 

1382 Levy tax for working public roads 1015, 1012 

1383 List of road hands to be furnished 1013 

1383 Credit for work of road hands 1012 

1384 Commutation tax, how applied 1013 

1386 Repair, etc., of bridges 1014 

1387 Bridges over waters between counties 1014 

1388 Bridges and mill dams, repair of 1015 

1392 Proceedings to obtain right of way 1000 

1393 Pay for right of way looi 

1546a Public ginners' books for inspection 1021 

15SS Cotton weighers ii7S 

i6o7a-h. Anti-Trust laws 1057, 1063 

1621 Pilotage, apprentices 1022 

1625 Pilotage, number pilots 1023 

1628 Pilotage, penalty on pilots, etc 1023 

1333 Pilotage ground, Charleston 1024 

1664a Usury, when corporation cannot plead 1022 

1711a Common carriers, conversion of property 1052 

1741a Boarding house and inn keepers 1021 

1746 Hawkers and peddlers' licenses 1036 

1747 Hawkers and peddlers', sale of medicine by iioi 

1791 Foreign R. R. corporations, doing business, etc 1053 

I79ia-c Foreign R. R. corporations, penalties 1054, 1055 

i865a-b Corporations, voluntary dissolution 1036 

1896a Corporations, directors number 1038 

1917-1934 Foreign R. R. corporations, corporators, or owners to take 

domestic charters 1053 

1958 Towns of between 1,000 and 5,000 1046 

1972a Towns and cities, liability for debt 1047 

1973 Towns and cities, charters perpetual 1047 

I993a-g Municipal courts in certain cities 1048 

I993h-m Police commissions in certain cities 1050 

1996a Municipal corporations, extension charters 1043 

200ia Farm products marketing without license 1039 

2007a Franchises for lights and water, etc , 1039 

2008a Sewerage systems in municipalities 1040 

20ioa Drains for surface water in municipalities 1038 

2019 Refunding bonds of municipalities 1045 

202oa Refunding bonds of school districts 1046 

2050-2062 Consolidation of R. R. companies 1054 

2131 Trains, etc., to stop at R. R. crossings 1056 

2133a Hand cars near R. R. crossings 1055 

2162a Spittoons in passenger cars 1056 

2258 Patients State Hospital for Insane 1026 

2333 License, gathering oysters, clams and terrapin 1098 

23333. Reports by exporters of 1098 



VIII TABLE OF AMENDATORY STATUTES. 

PAGE. 

2334 Dredge and nets to be used in 1099 

2335 Evidence as to violations .....' 1099 

2336 Arrests for violations 1099 

2337 Inspector to enforce law 1 100 

2345 Disposition of fees and penalties 1 100 

2346 special provisions Charleston and Georgetown iioo 

2501a Non-resident as executor 1064 

2531 Qualification of appraisers 1065 

2852 Lord Campbell's act 1071 

2882 Depositions de bene esse 1072 

2897 Proof of instruments, other than wills 1073 

2909 Jury commissioners 1066 

2909a Vacancy in, how supplied 1070 

291 1 Preparation j ury lists 1066 

2912 Preparation jury box, custody 1066 

2913 Petit jurors, how drawn and summoned 1068 

2915 Additional jurors, how drawn and summoned loOg 

2916 Jurors selected by draft 1068 

2918 Jurors publicly drawn 1008 

2918a Jurors publicly drawn from tales box 1069 

2919 Disposition of names drawn 1069 

2921 Number jurors to be drawn 1069 

2922-2923 Summoning jurors, by whom, when io6g 

2924 Deficiency in jurors, how supplied 1069 

2925 Special j ury list in certain cases 1070 

2926 Irregularities, how cured 1070 

2929-2931 Repealed by implication 1071 

2940 Jurors to be empanelled 1069 

3091 Charges for legal advertisements 1074 

3096a Costs in criminal cases 1087 

3107 s. d. 3 Salaries Clerks of court 1079 

3124 Salaries coroners 1085 

3132-3142 Repealed by implication 1086 

CRIMINAL CODE OF 1902.— AMENDED. 

Sec. 38 Grand Jurors, how drawn 1067 

Sec. 39 Grand Jurors, how summoned 1068 

Sec. 129 Manufacture, sale or carr\-ing of certain pistols 1093 

Sec. 132a Sale of certain firecrackers 1095 

Sec. 134 Kidnapping minors 1096 

Sec. 152 Privily stealing from person or house 1094 

Sec. 162a Altering or removing landmarks 1094 

Sec. 189 Injuring telegraph, etc., poles 1102 

Sec. 232a Unauthorized wearing Southern Cross ; 1097 

Sec. 372a Use of certain bottles 1103 

Sec. 377a Contracts in excess of tax levy ii33 

Sec. 394a Penalty for failure to insure public buildings 969 

Sec. 394a Failure supervisors to publish reports 983 



TABLE OF AMENDATORY STATUTES. IX 

PAGE. 

Sec. 4S9 Failure to furnish list of employees 1003 

Sec. 460 Failure to perform road duty 1004 

Sec. 460a Improper use of road tools, etc 1006 

Sec. 463 Failure of overseer to perform duty 1006 

Sec. 465 Neglect of County Commissioners 1016 

Sec. 466 Neglect of overseers 1017 

Sec. 467 Commissioners not prosecuting overseer 1017 

Sec. 468 Excessive expenditu^re on roads 1017 

Sec. 469 Neglect of road officials in Newberry 1018 

Sec. 474a Hand cars near crossings 1055 

Sec. 484a Train robbing 1095 

Sec. 484b Forcible entry on trains 1095 

Sec. 489 Disclosure income tax returns 975 

Sec. 528a Clams and oysters in Horry 1 188 

Sec. 533 Violation terrapin, oyster or clam laws iioo 

Sec. 533a False returns as to oysters, etc 1099 

Sec. 552 Exporting or selling certain game 1096 

Sec. 563 Dispensary law 1 105, 1206 

Sec. 565 Dispensary profits, how disbursed 1104 

Sec. 565a Dispensary profits, when disbursed 1104 

CODE OF CIVIL PROCEDURE— AMENDED. 

Sec. 18 Courts, First Circuit 1087 

Sec. 22 Courts, Fifth Circuit 1088 

Sec. 24 Courts, Seventh Circuit 1089 

Sec. 278 Stenographer's fees 1086 

Sec. 345 s. d. I. Notice of appeal, etc 1092 



TABLE OF CONTENTS. 



PART I. 

OF THE INTERNAL ADMINISTRATION OF THE GOVERNMENT. 



TITLE I. 

Of the Jurisdiction of the State — General Assembly — Statutes — Public 
Reports and Documents — Public Property — Census. 

PAGE. 

Chapter I. — The Jurisdiction of the State and Cessions to the United 

States I 

Chapter II. — Of the General Assembly. 

Article i. General provisions 22 

Article 2. Claims against State '^■1 

Article 3. Introduction of measures for private relief 28 

Article 4. Special provisions as to Legislative enactments 30 

Chapter III. — The Public Printing 31 

Chapter IV. — The Statutes 36 

Chapter V. — Reports and Documents and Committees to Examine 

State Offices and Penal and Charitable Institutions. . 40 

Chapter VI. — The Public Property 44 

Article i. Charge of the property of the State; the Sinking Fund 

Commission 45 

Article 2. Land containing phosphate rock, shell fish, oyster beds and 

phosphatic deposits 62 

Article 3. Other property of State — miscellaneous provisions 69 

Chapter VII. — The Census ■ 7i 

TITLE 11. 
Of Elections. 

Chapter VIII. — The Qualification and Registration of Electors 74 

Chapter IX. — Location and Names of Voting Precincts 87 

Chapter X. — The Manner of Conducting Elections and Returning 
Votes 

Article i. The general election 97 

Article 2. Commissioners and Managers of Election 98 

Article 3. Formation and Proceedings of the Board of County Can- 
vassers 102 

Article 4. Formation and Proceedings of the Board of State Can- 
vassers 105 



XII TABLE OF CONTENTS. 

PAGE. 

Chapter XL — The Election of Representatives in Congress and Electors 
of President and Vice-President. 

Article i. Election of Representatives in Congress 107 

Article 2. Election of Electors of President and Vice-President, and 

formation and proceedings of the Electoral College. . . . 109 

Chapter XII. — The election of County Officers 112 

Chapter XIII. — Primary Elections 113 

TITLE III. 
Of the Assessment and Collection of Taxes. 

Chapter XIV. — The Assessment of Taxes. 

Article i. Subj ects and lien of taxes 116 

Article 2. Definition of terms 118 

Article 3. Property exempt from taxation 120 

Article 4. General rules as to the return and assessment of property. 122 

Article 5. Special provisions as to returns of manufacturers, and 

pawnbrokers, and respecting mines and mining 126 

Article 6. Special rules as to returns and assessments of railroad, 
express, telegraph and insurance companies, and pro- 
visions as to other corporations 128 

Article 7. Special rules as to persons, firms -or corporations engaged 
in textile industries, and canals providing power for 
rent or hire, and cotton seed oil companies and fertilizer 
companies 144 

Article 8. Special rules as to banks and bank stock and unincorpo- 
rated bankers and banking associations 14S 

Article 9. Tax on incomes, special rules for 149 

Article 10. Proceedings on default of return and penalties therefor — 

valuation of property for taxation 151 

Article 11. The County Auditor — appointment, tenure of office, and 

general powers and duties I54 

Article 12. Boards of Assessors and of Equalization 168 

Chapter XV. — The Collection of Taxes. 

Article i. The County Treasurer — appointment, tenure of office, com- 
pensation, &c 178 

Article 2. Powers and duties of County Treasurer, and general pro- 
visions concerning the collection of taxes 180 

Article 3. Remedies and proceedings for relief of taxpayers 186 

Article 4. Enforced collection of delinquent taxes 190 

Article 3. Annual settlements of County Treasurers. ..." 196 

TITLE IV. 

Chapter XVL— Of the Militia. 

Article i. General provisions I99 

Article 2. The Adjutant and Inspector General 204 

Article 3. Organization — election of officers, &c 207 



TABLE OF CONTENTS. 



XIII 



Article 4. South Carolina Volunteer Troops in the City of Charleston. 212 

Article 5. Arms, parades, drills, &c 214 

Article 6. Courts-Martial and Courts of Inquiry 219 



TITLE V. 
Of Counties. 
Chapter XVII.— Of Counties and their corporate powers. 

TITLE VI. 



225 



Of State and County Officers. 

Chapter XVIIL— General Provisions Relating to Public Officers. 

Article i. Official oaths and bonds 247 

Article 2. Sale of public offices 255 

Article 3. Miscellaneous provisions 256 

Chapter XIX.— The Executive Department and Officers Connected 
Therewith. 

Article i. General provisions 259 

Article 2. Governor and Lieutenant Governor 260 

Article 3. The Secretary of State 264 

Article 4. The Attorney General and Solicitors 267 

Article 5. State Constables 270 

Article 6. Notaries Public 272 

Article 7. Commissioners of Deeds 273 

Article 8. The Comptroller General 274 

Article 9. The State Treasurer 279 

Article 10. The State Librarian and Board of Trustees of State 

Library - 286 

Article 11. The State Geologist 287 

Article 12. State Entomologist and State Board of Entomology 289 

Chapter XX. — County Officers. 

Article i. The County Supervisor and Board of Commissioners 292 

Article 2. The Sheriff 3i3 

Article 3. The Coroner 329 

Article 4. The Clerk of Circuit Court 222> 

Article 5. The Register of Mesne Conveyances 348 

Article 6. The Judge of Probate 35i 

Article 7. The Master _ 356 

Article 8. Magistrates— their Courts, powers, duties and salaries, and 

the salaries of their Constables 361 

Article 9. Constables 4o6 

TITLE VII. 

Of Public Charges. 

Chapter XXL— Paupers 409 

Chapter XXII.— Pensions 4i3 



XIV TABLE OF CONTENTS. 

PAGE. 

TITLE VIII. 

Of the Public Health. 

Chapter XXIII. Boards of Health — Physicians, Apothecaries, Dentists, 
and Quarantine. 

Article i. Boards of Health 420 

Article 2. Physicians, apothecaries and dentists 430 

Article 3. Quarantine 438 

TITLE IX. 

Of Public Instruction. 

Chapter XXIV.— Free Public Schools 45° 

Chapter XXV. — The State University. 

Article i. State colleges in general 482 

Article 2. The South Carolina College 483 

Article 3. The South Carolina Military Academy 486 

Article 4. The Winthrop Normal and Industrial College of South 

Carolina 489 

Article 5. The Colored Normal, Industrial, Agricultural and Me- 
chanical College of South Carolina 492 

Chapter XX VI.— The Clemson Agricultural College 494 

Chapter XXVII. — South Carolina Institute for the Education of the 

Deaf, Dumb and Blind 503 

TITLE X. 

Of Ways, Bridges, Ferries, Dams and Drains, General Stock Law. 

Chapter XXVIIL— Of Highways 505 

Chapter XXIX. — Water Courses and Cuts 53i 

Chapter XXX. — Bridges, Turnpikes and Ferries. 

Article i. Bridges 536 

Article 2. Turnpike roads and bridges 538 

Article 3. Ferries and bridges 539 

Article 4. Miscellaneous provisions 544 

Chapter XXXL— The Saluda Mountain Road 547 

Chapter XXXIL— Dams and Drains and Drainage in certain Counties. 

Article i. Dams and drains 548 

Article 2. Drainage in certain Counties 553 

Article 3. Rights of way for drainage 564 

Chapter XXXIIL— General Stock Law and Fencing Stock; and Special 
Provisions as to Fencing Fields and Crops in 
Places Excepted. 

Article i. General Stock Law 560 

Article 2. Special provisions — fencing fields and crops in places ex- 
cepted 568 



TABLE OF CONTENTS. 



XV 



TITLE XI. 

Of the Regulation of Trade in Certain Cases. 

Chapter XXXIV. — Regulations Respecting Commercial Fertilizers, 
Cotton, the Inspection and Sale of Provisions and 
Other Merchandise, and the Inspection of Tim- 
ber and Lumber. 

Article i. Commercial fertilizers 594 

Article 2. Cotton 600 

Article 3. Inspection of flour ; grain 610 

Article 4. Gauging liquors — naval stores 616 

Article 5. Pork and beef ; rice ; staves and shingles 619 

Article 6. Inspection of timber and lumber 621 

Chapter XXXV. — Auctions and Vendues 623 

Chapter XXXVI. — Weights and Measures 624 

Chapter XXXVII. — Pilotage and Harbor Commission 625 

Chapter XXXVIII. — Money; Interest; Bills of Exchange and Promis- 
sory Notes ; Agency. 

Article i. Money — interest 642 

Article 2. Bills and notes 648 

Article 3. Agency 653 

Chapter XXXIX. — Limited Partnerships 654 

Chapter XL. — Common Carriers, Warehousemen and Other 

Bailees for Hire 659 

Chapter XLI. — Hawkers and Peddlers 670 

Chapter XLII. — Pawnbrokers 671 

TITLE XII. 



Of Corporations and Unincorporated Associations. 

Chapter XLIII. — Banks and Banking 674 

Chapter XLIV. — Foreign Corporations Generally 680 

Chapter XLV. — Insurance Companies 685 

Chapter XL VI. — Fraternal Beneficial Associations 699 

Chapter XLVII. — Provisions Applicable to Corporations Generally. .. 706 
Chapter XLVIII. — Private Corporations Organized Under General 
Laws. 

Article i. Business corporations 720 

Article 2. Charitable, social and religious societies 729 

Article 3. Mutual protection associations 732 

Article 4. Railroad, steamboat and canal companies 734 

Chapter XLIX. — Municipal Corporations. 

Article i. Towns of less than 1,000 inhabitants 740 

Article 2. Towns of less than 5,000 and more than 1,000 inhabitants. . 747 

Article 3. Towns of more than 5,000 inhabitants 750 

Article 4. Provisions common to towns and cities containing over 

1,000 inhabitants 755 



XVI 



TABLE OF CONTENTS. 



PAGE. 

Article 5. Special provisions as to cities containing more than ten 

thousand inhabitants 760 

Article 6. General provisions as to- towns and cities 765 

Chapter L. — Railroads — General Law. 

Article i. General provisions 778 

Article 2. Formation of corporations by purchasers 784 

Article 3. Consolidation of companies and other provisions 787 

Article 4. The Railroad Commissioners 794 

Article 5. Provisions as to discrimination and unreasonable charges. 801 
Article 6. Regulations as to running trains on Sunday and carriage 

of animals 817 

Article 7. Regulations for the prevention of accidents and concern- 
ing the responsibility therefor 819 

Article 8. Regulations for the accommodation, convenience and pro- 
tection of passengers and in respect to merchandise. . . . 828 

Article 9. Railroad crossings ; cattle guards 834 

Article 10. Rights of way 836 

Article 11. Penalties and forfeitures, to and by railroads 842 

Chapter LI. — Telegraph, Telephone and Express Companies 846 

Chapter LIL — Unincorporated Joint Stock and Other Associations... 851 

Chapter LIIL — Draining Corporations 853 

TITLE XIIL 



Of the Internal Police of the State. 

Chapter LIV. — The State Hospital for the Insane 858 

Chapter LV. — Estrays 867 

Chapter LVI. — Wrecks and Shipwrecked Goods 870 

Chapter LVII. — Immigrants and Seamen 872 

Chapter LVIII. — Gambling Contracts and Contracts of Sale for Future 
Delivery. 

Article i. Gambling contracts 875 

Article 2. Contracts of sale for future delivery 877 

Chapter LIX. — Licenses for Plays and Shows 879 

Chapter LX. — Protection of Fish, Oyster Beds and Sheep 881 



TABLE OF CONTENTS. XVII 



PART II. 

OF THE ACQUISITION, THE ENJOYMENT AND THE TRANS- 
MISSION OF PROPERTY, REAL AND PERSONAL; THE DO- 
MESTIC RELATIONS; AND OTHER MATTERS CONNECTED 
WITH PRIVATE RIGHTS. 



TITLE I. 
Of Real Property. 



PAGE. 

Chapter LXI. — Tenure of Lands ; Confirmation of Certain Titles ; 

Titles to Catawba Indian Lands. 

Article i. Tenure of lands and confirmation of certain titles 892 

Article 2. Titles to Catawba Indian lands 896 

Chapter LXII. — Legal Formalities ; Construction and Operation of 

Conveyances and Mortgages of Land, and Other 
Instruments Affecting Property. 

Article i. Form and execution of conveyance of land 898 

Article 2. Certain conveyances, &c., void 900 

Article 3. Mortgages of land and satisfaction thereof 905 ■ 

Chapter LXIII. — Dower and Allotment Thereof. 

Article i. Renunciation of dower and when the right shall be barred 

or forfeited 908 

Article 2. Mode of divesting right of insane married women 912 

Article 3. Proceedings for allotment of dower 914 

Chapter LXIV. — Estates for Life and Years ; Landlord and Tenant ; 
Joint Tenants and Tenants in Common; Better- 
ments ; Miscellaneous Provisions Concerning 
Real Estate. 

Article i. Estates for life and for years 920 

Article 2. Landlord and tenant 922 

Article 3. Joint tenants and tenants in common 931 

Article 4. Betterments 935 

Article 5. Miscellaneous provisions concerning real estate 938 

TITLE IL 
Chapter LXV. — Registration of Legal Instruments 940 

TITLE III. 
Chapter LX VI. — Limitation of Estates 944 

TITLE IV. 
Chapter LXVII. — Intestates' Estates 945 



XVIII TABLE OF CONTENTS. 

PAGE. 

TITLE V. 
Chapter LXVIIL— Wills 951 

TITLE VI. 

Of the Settlement of Estates of Deceased Persons^ Trusts, and Special 

Provisions Relating to Trusts. 
Chapter LXIX. — Letters Testamentary and Proceedings on the Pro- 
bate of Wills 961 

Chapter LXX. — Administration of Intestates' Estates, and Derelict 

Estates 963 

Chapter LXXI. — Inventories and Appraisements 972 

Chapter LXXII. — Payments of Debts and Legacies. 

Article i. Payment of debts and legacies 973 

Article 2. Sale of land in aid of deficient personal assets to pay debts. 975 
Chapter LXXIII. — Accounts and Commissions of Executors and Ad- 
ministrators 979 

Chapter LXXIV. — Settlement and Distribution of Intestate Estates. ... 982 

Chapter LXXV. — Liability of Heirs and Devisees 985 

Chapter LXXVI. — Trusts, and Special Provisions Relating to Trusts.. 987 

TITLE VII. 
Of Title to Property by Special Provisions of Law. 
Chapter LXX VII. — Sales by Executors, Administrators and Fiduciaries. 992 
Chapter LXXVIII. — Sales Under Execution and by Judgment Debtors. 

Article i. Sales under execution 995 

Article 2. Sales by judgment debtors 1000 

Chapter LXXIX. — Homesteads looi 

Chapter LXXX. — Assignments for Benefit of Creditors loii 

TITLE VIII. 
Chapter LXXXI. — Prevention of Frauds and Perjuries 1017 

TITLE IX. 
Of the Domestic Relations. 

Chapter LXXXII. — Husband and Wife. 

Article i. Marriage 1021 

Article 2. Rights and liabilities of husband and wife 1024 

Chapter LXXXIII. — Guardians and Wards ; Minors. 

Article i. Guardians in general 1028 

Article 2. Public Guardians 1031 

Article 3. Testamentary Guardians 1033 

Article 4. Miscellaneous provisions relating to minors 1034 

Chapter LXXXIV. — Change of Names ; Adoption of Children 1036 

Chapter LXXXV. — Masters, Apprentices and Laborers. 

Article i. Master and apprentice 1038 

Article 2. Protection of laborers 1041 



TABLE OF CONTENTS. XIX 



PART 111. 

OF COURTS AND JUDICIAL OFFICERS, AND PROCEEDINGS IN 

CIVIL CASES. 



TITLE I. 
Of Courts and Judicial Officers. 

PAGE. 

Chapter LXXXVI. — Supreme Court and Its Officers 1045 

Chapter LXXXVII. — Circuit Courts and Judges 1050 

Chapter LXXXVIII. — County Courts 1056 

Chapter LXXXIX. — City Court of Charleston 1064 

Chapter XC. — Court for the Arbitration of Mercantile Disputes 

in the City of Charleston 1068 

Chapter XCI. — Attorneys, Solicitors and Counsellors 1075 

Chapter XCII. — Special Provisions Respecting Courts and the Ad- 
ministration of Justice. 
Article i. Special provisions respecting Courts and the administra- 
tion of j ustice 1077 

Article 2. Certain rights and remedies 1082 

TITLE II. 
Of Actions and Proceedings Therein. 

Chapter XCIII. — Actions by and Against Executors and Administra- 
tors 1087 

Chapter XCIV. — Witnesses and Evidence. 

Article i. Attendance of witnesses 1090 

Article 2. Examination of witnesses by commission 1092 

Article 3. Examination of witnesses before Clerk and deposition de 

bene esse 1096 

Article 4. General provisions respecting evidence 1099 

Chapter XCV. — Jurors and Juries. 

Article i. Jury Commissioners, drawing and summoning Jurors 1106 

Article 2. Qualification, exemption, empanelling and pay of Jurors. . .1117 

Article 3. Objections to Jurors — verdict 1121 

Article 4. Miscellaneous provisions 1 123 

TITLE III. 
Remedies Relating to Real Property. 

Chapter XCVI. — Certain Proceedings by Remaindermen, Heirs, &C....1124 
Chapter XCVII. — Forcible Entry and Detainer, and Summary Ejectment 
of Trespassers. 

Article i. Forcible entry and detainer 1126 

Article 2. Summary ejectment of trespassers 1128 

Chapter XCVIII. — Escheats 1 129 



XX TABLE OF CONTEXTS. 

TITLE IV. 
Of the Writ of Mandamus axd Proceedings in Special Cases. 

PAGK. 

Chapter XCIX. — The Writ of Mandamus 1 136 

Chapter C. — Chattel ]\Iortgages and Liens. 

Article i. Chattel mortgages 1 137 

Article 2. Liens on lands and buildings for labor and material 1140 

Article 3. Liens on ships and vessels for labor and material 1148 

Article 4. Liens on railroads for work or material 1150 

Article 5. Agricultural liens 1151 

Article 6. Liens of owners of stock animals 1156 

Article 7. Liens of employees in factories, &c 1157 

TITLE V. 

Of Proceedings for the Relief of Persons Arrested in Civil Actions. 

Chapter CI. — Of the Discharge of Prisoners as Insolvent Debtors. .1158 

TITLE VI. 

Of Legal Notices, Legal Holidays ; and Costs and Fees. 

Chapter CII. — Publication of Legal Notices ; Legal Holidays 1165 

Chapter CIII. — Costs and Fees of Attorneys and Other Officers 1168 

APPENDIX TO VOLUME I. 
List of Repealed Statutes 1211 



TABLE OF CONTENTS XXI 

AN ACT OF THE GENERAL ASSEMBLY OF THE STATE OF 
SOUTH CAROLINA. 

Passed at the Regular Session which was begun and held at the City of Co- 
lumbia on the Fourteenth Day of January, A. D. ipo2, and was adjourned 
without day on the Tzcenty-second day of February, A. D. ipo2- 



M. B. McSwEENEY^ Governor. Jas. H. Tillman, Lieutenant-Governor and 
ex officio President of the Senate. W. F. Stevenson, Speaker of the House 
of Representatives. Robert R. Hemphill, Clerk of the Senate. T. C. 
Hamer, Clerk of the House of Representatives. 



AN ACT TO Declare the Code as Submitted by the Code Commissioner of 
South Carolina to be the Only General Statutory Law of the State. 

Section i. Be it enacted by the General Assembly of the State of South 
Carolina: That the Code as submitted by the Code Commissioner of South 
Carolina (which is hereto attached) be, and the same is hereby, declared to be 
the "Code of Laws of South Carolina, 1902"; and said Code is hereby declared 
to be the only general statutory law of the State on the 14th day of January, 
1902. 

Sec. 2. This Act shall take effect immediately upon its approval. 

Approved the 6th day of February, A. D. 1902. 



CERTIFICATE OF COMMISSIONER. 

I hereby certify that the following 1719 pages are the Code reported by the 
Code Commissioner under and in accordance with Sec. 5, Art. 6, of the Con- 
stitution. W. H. TOWNSEND, 

Code Commissioner for South Carolina. 



PART I. 

Of the Internal Administration of the Government. 



TITLE I. 

OF THE JURISDICTION OF THE STATE— GENERAL 
ASSEMBLY —STATUTES— PUBLIC RE- 
PORTS AND DOCUMENTS- 
PUBLIC PROPERTY- 
CENSUS. 



Chapter I. Of the Jurisdiction of the State, and Places 

Ceded to the United States. 
Chapter II. Of the General Assembly. 
Chapter III. Of the Public Printing. 
Chapter IV. Of the Statutes. 

Chapter V. Of the Public Reports and Documents. 
Chapter VI. Of the Public Property. 
Chapter VII. Of the Census. 



CHAPTER I. 



Of the Jurisdiction of the State and Places Ceded to the 
United States. 



Sec. 



1. Jurisdiction of the State of 

South Carolina. 

2. Reciprocity as to chartered 

privileges between Georgia 
and South Carolina. 

3. Places ceded to the United 

States and subject to con- 
current jurisdiction, viz. : 

1. Light-house on Middle 

Bay Island, in Charles- 
ton Harbor. 

2. Seven acres of land on 

North Island, George- 
town County. 



Sec. 3. — Continued. 

3. Fort Moultrie, on Sulli- 

van's Island, Charles- 
ton County. 

4. Fort Johnston, Charles- 

ton County. 

5. Fort Pinckney, Charles- 

ton County. 

6. Sand-bank, on Southeast 

Point of Charleston. 

7. Ten acres on Blythe's 

Point, Sampit River, in 
Georgetown County. 



CIVIL CODE 



A, D. 1902. 



Sec. 3. — Continued. 

8. Mustard Island, and sev- 

en acres on St. Helena 
Island, Beaufort Coun- 
ty. 

9. Five acres in Beaufort, 

Beaufort County. 

10. Fort Mechanic, Charles- 

ton County. 

11. One hundred feet on 

Haddrell's Point, Char- 
leston County. 

12. One acre on Otter Is- 

land, Colleton County ; 
one acre on Station 
Creek, and one acre on 
Bob's Island, Beaufort 
County. 

13. Sites on Sullivan's Is- 

land, James' Island and 
Shute's Folly Island, 
Charleston County. 

14. A lot on South Island, 

Georgetown County. 

15. Five acres in Charleston 

for a Custom House. 

16. A site for a light-house 

on Morris Island, Char- 
leston County. 

17. Same on Thomas' Island. 

18. Sites on North and 

South Island Points, 
near Georgetown, in 
Georgetown County. 

19. Same on Cape Island, 

Charleston County. 

20. Site in Charleston, for 

harbor light. 

21. Site for beacon, in range 

with Charleston Light 
House. Site for day- 
beacon for St. Helena 
Sound, Beaufort Coun- 
ty. 

22. Sites for beacons for Cal- 

labogue Sound, Beau- 
fort County. 

23. Sites at North Bdisto, 

Charleston County. 

24. Site on Hunting Island, 

Beaufort County. 

25. Site on or near Hilton 

Head, Beaufort County. 

26. Fifty feet on South Bat- 

tery, Charleston. 

27. Site at Mount Pleasant, 

Charleston County. 



Sec. 3. — Continued. 

28. Site at White Point, 

Charleston County. 

29. Site at Fort Point, 

Georgetown County. 

30. Site of land known as 

''Charleston Club 
House," on Meeting 
Street, in Charleston. 

31. Half an acre in Colum- 

bia, corner of Richard- 
son and Laurel Streets. 

32. The National Cemetery 

in Florence County. 

33. Shore line of Morris Is- 

land and of Sullivan's 
Island for the erection 
of the Jetties for Char- 
leston Harbor. 

34. Certain lands in George- 

town County, between 
Winyah Bay and San- 
tee River. 

35. Certain lands ceded for 

Georgetown jetties. 

36. 37 and 38. Certain lands 

in Moultrieville, Sulli- 
van's Island, ceded for 
fortifications. 
39. Certain lands in Charles- 
ton Harbor ceded for 
sanitarium. 

4. Land may be purchased by 

United States for arsenals 
and magazines. 

5. If parties cannot agree, land 

to be valued. 

6. Concurrent jurisdiction re- 

tained by the State. 

7. Sites for light stations on 

land. 

8. Submarine sites for light- 

houses and other aids to 
navigation. 

9. Jurisdiction ceded to the Uni- 

ted States over all lands ac- 
quired for public purposes. 
Jurisdiction not to vest un- 
til after acquisition of title 
from owners, and to be con- 
current with State jurisdic- 
tion. 

10. Lands exempt from State tax- 

ation. 

11. Consent given to acquisition 

of lands by United States 
for Forest Reserve. 



Jurisdiction 
of the State 

oiina""' tends to all places within its bounds, which are hereby declared 



Section 1. The sovereignty and jurisdiction of this State ex- 



G. s. I ; R. to be as follows 



OF SOUTH CAROLINA. 




The northern line, beginning at a point on the seashore, about 
a mile and a quarter east of the mouth of Little River, runs in 
a northwest direction, sixty-four and one-half miles, to a point i,,^-"*"^^^ °* 
two miles northwest of one of the branches of Little Pee Dee 
River; thence, in the same direction, twenty-two miles, to a ^^"""^^y °^ 
stake in a meadow ; thence, in a direction due west, a distance 
of sixty-two miles, to a point where the said line intersects the 
Charleston road, (at sixty-one miles) near the Waxhaw Creek; 
thence along the line extending from this point to the Tryon 17!,"'"^^^ °^ 
Mountain ; thence, from a stone set up and marked "S. C. and 
N. C, September 15th, 1815," running west four miles and ^^^^y^^^ °^ 
ninety poles, to a stone marked "S. C. and N. C. ;" thence south, q^^ swain- 
twenty-five degrees west, one hundred and eighteen poles, to a f'^ ^09; iSis, 
chestnut on the top of the Ridge dividing the waters of the 
North Fork of Pacolet River from the waters of the North 
Fork of the Saluda River ; thence along the various courses of 
the said Ridge, (agreeably to the Plat and Survey of the Com- 
missioners and Surveyors accompanying their report, dated 2d 
November, 1815), to the Ridge that divides the Saluda waters 
from those of Green River ; thence along the various courses of 
the said Ridge, agreeably to the said Plat and Survey, to a stone 
set up where the said Ridge joins the Ridge which divides the 
eastern from the western waters, and which stone is marked 
"S. C. and N. C, September 28th, A. D. 1815;" thence along 
the various courses of the said Ridge, agreeably to the said 
Plat and Survey, to a stone set up on that part of it which is 
intersected by the Cherokee boundary line, run in the year 1797, 
and which stone is marked "S. C. and N. C, 1813 ;" and from 
the said last mentioned stone, on the top of the said Ridge, at 
the point of intersection aforesaid, a direct line, south, sixty- 
eight and one-fourth degrees west, twenty miles and eleven 
poles, to the thirty-fifth degree of north latitude, at the rock in 
the east bank of Chatooga River, marked "Latitude thirty-five 
degrees, A. D. 1813;" which line, from the termination of the 
line of 1772 to the Chatooga River, is, in all, a distance of 
twenty-four miles and one hundred and eighty-nine poles. 

From the State of Georgia, South Carolina is divided by the Watkins' Di- 
Savannah River, from its entrance into the ocean to the conflu- ^^^ ' ^ * 
ence of the Tugaloo and Seneca Rivers ; thence by the Tugaloo vention, p. l., 
River to the confluence of the Tugaloo and Chatooga Rivers ; 41°.' ^^ 
thence by the Chatooga River to the North Carolina line afore- 
said, in the thirty-fifth degree of north latitude, the line being 




CIVIL CODE 



low-water mark at the southern shore of the most northern 
Shuitz V. stream of said rivers where the middle of the rivers is broken by 

Bank, U. S. b. i • n 

c, 1822, MS , islands ; and middle thread of the stream where the rivers flow 

per Johnson, J. ' 

, in one stream or volume. 

H a n d y V. . 

Anthony, Ohio Qn the east, the State is bounded bv the Atlantic Ocean, from 

River Case, U. 

s. s. c, 5 the mouth of the Savannah River to the northern boundary. 

Wheat., 374. 

Original Char- ^ear the mouth of Little River, including all the islands. 

ters S. C. r ^ . . , J 

Trott's Laws. gec. 2. Any charter or franchise granted, or to be granted, 
„ . - bv the State of Georgia, for the purpose of building and estab- 

Reciprocity J ° ' A ittiiii 

as to chartered Hshiue bridges or ferries over the Savannah River, shall have 

privileges be- ° *= ,..,.. rio 

tween Georgia f^H effect withiu the limits and jurisdiction of the State ot 

and south Car- . ,, ... 

oHna. South Carolina, to the same extent, m all respects, as if such 

G. S. 2; R. charter or franchise had been granted by the State of South 

Carolina: Provided, That the State of Georgia do, by law, 

„ ^.,-r provide that equal effect be given in the State of Georgia to 

1851, XII., 119. -t^ ^ *= 11111 

charters and franchises granted by this State ; and that the legal 
validity and eft'ect of a charter, granted by either of the said 
States for the purposes aforesaid, shall be subject to this limi- 
tation and restriction, that no such charter, from either State, 
shall prevent the other State from granting a charter for a 
bridge or ferry over the Savannah River at any place, however 
near the place where a bridge or ferry is or may be established, 
under a charter from the other State. 
Places ceded gee. 3. In resoect to the places within the boundaries ceded 

to the United ^ _f ,..,.. ^ ^ . c^ 

States, and by the State to the United States, the jurisdiction of this State 

subject to con- - . ^ ,. . 

current juris- Js coucurrcut with that of the United States, according to the 

diction. 

— -— T- terms, of cession in each case respectively. 

G. S. 3 ; R. 

s. 3- The places ceded are as follows : 

Light-house I. The light-house on J\liddle Bay Island, within the bar of 
FsU n d,^ ^i^n Charleston harbor, bounded, to the north, by a small inlet pass- 
Harbor.^ ^ * ° '^ ing between the said island and jMorris Island ; to the south, by 
1790, v., 14S. an inlet called the Folly Inlet; to the east, by the Atlantic 
Ocean ; and to the west, by a sound or creek passing between 
the said Aliddle Bay Island and the other island aforesaid ; to- 
gether with the lands and tenements thereunto belonging, and 
together with the jurisdiction of the same, as far as the same 
shall be incident and essential for the erection of forts, maga- 
zines, arsenals, dockyards and other needful buildings, and the 
appointment of officers, and general regulation of the said light- 
house, forts, magazines, arsenals, and dock-yards, in fee simple 
in as full, ample and eft'ectual manner as the premises could be 
granted, aliened, transferred, conveyed and confirmed, by any 



OF SOUTH CAROLINA. 




deed or devise, in due form of law; upon the special proviso 
and condition, nevertheless, that the said United States shall 
sufficiently support, maintain, and keep in good repair, and re- 
build, when necessary, the said light-house, from time to time, 
and at all times hereafter; and shall also erect, or cause to be 
erected, proper leading marks to and for, or as appending to, 
the said light-house, and cause buoys to be stationed in fit places 
for the further and better facilitating and securing the naviga- 
tion ; and that all expenses which shall accrue in, for, and about 
the said light-house, or the leading marks and buoys above men- 
tioned, shall be defrayed out of the Treasury of the United 
States. 

2. Seven acres of land on North Island, in Georgetown Seven acres 

oflandon 

County, butting and bounding to the eastward on the sea, to the North island, 

, _, . , - Georgetown 

west and north by lands belongmg to Paul Trapier, and to the County. 

south by Winyah Bay: Provided, nevertheless, That nothing 1797. v., 309- 
contained in this cession shall be construed to exclude or pre- 
vent any process, criminal or civil, issuing from any of the 
Courts of this State, from being served or executed within the 
limits of the said tract of seven acres of land. 

-?. All the lands reserved for Fort Moultrie, on Sullivan's Is- 

. 1 1 1 1 11 J F°''t Moul- 

land, in Charleston County — provided the same shall not exceed trie on Suiu- 

r r -r- ■ 11 Ml- van'sf^ Island, 

five acres — with all the forts, fortifications, and buildings Charleston 

1 1 1 • r 1 Cotintv. 

thereon, together with the canal leading from the cove on the 

back of the fort, nearly up to the same, as delineated on the § i. ' " 
plan of Charleston harbor by Col. Senf, in the Secretary of 
State's office at Columbia. 

4. The hiarh lands and part of the marsh belonging to Fort Fort john- 

*= ^ .„,,,- ston, Charles- 

Johnston, as delineated on the said plan of Charleston harbor — ton Co. 

provided the same shall not exceed twenty acres — including the it. 

present site of Fort Johnston. 

c;. The land on which Fort Pinckney is built, and three acres Fort Pinck- 

•^ ■' ney, Charles- 

around the same — Charleston County. ton Co. 

6. A portion of the sand bank marked "C," on the southeast- it. 

ernmost point of Charleston, as delineated on the said plan of on ^'southeast 
/—I 1 J 1 1 j_ J • J. Point of Char- 

Charleston harbor, not exceeding two acres. leston. 

7. A lot, not exceeding four acres, for a battery or fort, and Jj^_ ' 
necessary buildings, on Dr. Blythe's point of land, at the mouth giyt^he's'^Point! 
of Sampit River, Georgetown County, and a quantity of land, i^^'c^ioreetown 

not exceeding six acres, on Dr. Blythe's said point of land, at^ 

the mouth of Sampit River, adjoining, and in addition to, theg^^j^s, v., soi, 
said four acres, and for the same purposes. 



; CIVIL CODE 

A. D. 1902. 



^-"V"*^ 8. Mustard Island, opposite Paris Island, in Beaufort River, 

la^'an^'^seven ^^^ ^ tvsLCt of land on St. Helena Island, opposite the same, not 

HefenaTsiand exceeding seveu acres — Beaufort County. 

Beaufort Co. g^ Ffye acres of the public lands, near the town of Beaufort, 

^^- including the site of Fort Lyttleton, Beaufort County, for the 

m^Blau/or?P^^P°^^ ^^ erecting a fort. 

Beaufort Co. jq. The lots or tracts of land whereon Fort Mechanic is 
1808, v., 576, erected, and such other lots and parcels of land as may be con- 
Fort Mechan- sidercd necessary to that establishment, so soon as they shall 
Co ^^^'■^"^°" have been conveyed by Christopher Williman and William 
1813 V 606 Holmes to the United States, for all purposes necessary to the 
§ ^- maintenance of a military post : Provided, however. That noth- 

ing in this cession shall be construed to prevent any process, 
civil or criminal, issuing from any of the Courts of this State, 
or any other competent authority, from being served or exe- 
cuted within the limits of the said lots or tracts of land so to be 
conveyed by the said Christopher Williman and Wm. Holmes 
to the United States : And provided, also. That nothing con- 
tained in this cession shall be so construed as to impair the 
rights and privileges vested in the City Council of Charleston, 
under their charter of incorporation, who are hereby also 
authorized and empowered to relinquish their right of juris- 
diction in and over the land aforesaid. 
feet'^^n^^Had^ ^^' ^"^ hundred feet square of land, on Haddrell's Point, 
cfhlr^ •^?^'^^ Charleston County, (conveyed by Mrs. Rebecca Bee Barks- 

Co- dale, for the use of the United States,) for the purpose of erect- 

1823, VI., 220. ing a beacon thereon : Provided, nevertheless. That nothing 

contained herein shall be construed to exclude or prevent any 

process, civil or criminal, issuing from the Courts of this State, 

from being served or executed within the limits of the said 

cession. 

One acre on 12. One acre of land on Otter Island, in Colleton County, 

Colleton Co.; for a Hght-house ; one acre of land on the north side of Station 

Station Creek, Creek, near St. Helena Island, in Beaufort County, for the 

on Bob's Is- erection of a beacon-light ; and one acre of land on Bob's 

Co. ' Island, at the entrance of Scull Creek, in Beaufort County, 

1837. VI., 569. for the erection of a beacon-light : Provided, That the said 

lands, when purchased by, or vested in, the United States, and 

every person or officer residing or employed thereon, whether 

in the service of the United States or not, shall be subject 

and liable to the Government of this State, and the jurisdiction, 

laws, and authority thereof, in the same manner as if this 



OF SOUTH CAROLINA. 




cession had never been made ; and that the United States shall 
exercise no more authority or power within the limits of the 
said land than they might have done previously to the cession 
thereof, or than may be necessary for the building, erection, 
repairing or internal government of the said light-house, and 
the regulation and management of the said light-house and the 
said beacon-lights that may be built and erected on the said 
lands, and of the officers and persons by them to be employed 
in and about the same. 

The said lands shall be forever exempt from any taxes to 
be paid to this State. 

13. The lands, forts, fortifications and sites for the erec- Sites on Sui- 
tion of forts on Sullivan's Island, James' Island, and Shute's james' island^ 
Folly Island, in Charleston County, as delineated in a plan of Folly island, 
survey, made by Robert Q. Pinckney, on the 17th November, Co. 

1846, under direction of commissioners appointed under Reso- 1846, xi., 366. 
lution of 1845, which lands, sites, forts and fortifications so § 1' '' ^^*' 
ceded shall be exempt from any tax to be paid to this State: 
Provided, That all process, civil or criminal, issued under the 
authority of this State, or any officer thereof, shall and may 
be served and executed on any part of the lands and sites, 
forts and fortifications so ceded, and on any person or persons 
there being and implicated in matters of law: And provided, 
also, That nothing herein contained shall be construed to inter- 
fere with the rights and property of the citizens, or so as to 
affect any of the streets, thoroughfares, or public landings on 
the said islands. 

14. A lot on South Island, in Georgetown Countv, on tlie„A lot on 

. South Island, 

southern edge of Winyah Entrance, for a light-house, which Georg e t o w n 
lot shall, during the continuance of the said light-house, be — 

. . f^ . , 1847, XI., 442. 

exempt from any taxes to be paid to this State: Provided, 
That the said lot, when purchased or vested in the United 
States, and every person and officer residing or employed 
thereon, whether iti the service of the United States or not, 
shall be subject and liable to the Government of this State, and 
the jurisdiction, laws and authority thereof, in the same manner 
as if this cession had never been made; and that the United 
States shall exercise no more authority or power within the 
limits of the said land than they might have done previously 
to the cession thereof, or than may be necessary for the build- 
ing, erection, repairing, or internal government of the said 



I CIVIL CODE 

A. D. 1902. 



^*"*'"Y-'*^ light-house, and of the officers and persons by them to be em- 
ployed in and about the same, 
c^rieston^for ^5- ^ l^^j ^o^ to exceed five acres, in the City of Charleston, 
House" ^^'°^ for the erection of a custom house ; which lot, and the buildings 
1848 XI S14. erected thereon, shall be exempt from any tax to be paid to this 

A site for a State I Provided^ That all process, civil or criminal, issued 
M?i^s°Ts1an°d! ^^^^^ the authority of this State, or any officer thereof, shall 
Charleston Co. 3^^ j^ j-^^y -[^g served and executed on any part of said land, and 

1853, XII., 295- on any person or persons there being and implicated in matters 
tA^^/=> °Tf of law. 

in o m a s is- 

^^°'^- 16. A site on IMorris Island, for a beacon or light-house — 

<3 ; ft" ,. r.^ Charleston Countv. 

aiteson 

South* ^isl^d ■^7- -^ ^^^^ '-'^ Thomas' Island, for a beacon or light-house. 
George towV ■^^- Sites for three beacons, to be placed on or near Xorth 
Georg e t o w n ^j^(| South Island Points, in the vicinity of Georgetown — 

j^ Georgetown County. 

Cap^e^isiantf ^9' ""^ ^^^^ '^^ Cape Island, on some point in the immediate 
Charleston Co. yjcinitv of the present light-house, on Cape Romain, for a 

^^- light-house — Charleston County, 
lefton for'har- ^°- -"^ ^^^^ °^ ^^^ East Battery, in the City of Charleston, for 
bor Ught. 2i beacon or harbor-light. 

^^- Xone of the sites ceded in sub-divisions i6 to 20, inclusive, 

Site for bea- to excccd ten acres in anv one case; nor shall such sites be 

con, m range ' ' 

To'^n E'T'^^h^t ^sed for any other purpose than the purposes specified ; and 
for^da' beacon ^°^^^^§^ shall excludc or prevent process, civil or criminal, 
Sound '^Beau^ ^^^^^^^ from the Courts of this State, from being served or 
^°^ ^°- executed within the limits of said cessions. 

1854, XII., 315. 21. A site for beacon to range with Charleston light-house, 
cons for Caiia- A sitc for a dav beacon for St. Helena Sound — Beaufort 

bogue Sound, „ 
Beaufort Co. COUntV. 



lb., 316. 22. Two sites for two beacons, to serve as a range for Calla- 

Sites at North bogue Sound — Beaufort Countv. 

Edisto, Char- .... 

leston Co. 23. A Site tor light-housc and beacon-light on the main land, 

lb. at North Edisto — Charleston County. 
Site on Hunt- 24. A site for a light-house and beacon-light on the Xorth 

ing I s 1 a n d, _, .^ . _^ . ^ ° , ^ ^ ^ *= 

Beaufort Co. Jr^oint of Hunting Island — Beaufort County. 

lb. 25. A site for a light-house and beacon-light, on or near 

near Hilton Hilton Head — Bcaufort County. 

for^t^Co. '^^"' Xone of the sites ceded in sub-divisions 21 to 25, inclusive, 

lb.; I 8 5 6, to exceed fifty acres in any one case; the said sites shall be 

' ^^^' ^ ^' forever exempt from any taxes to be paid to this State, and the 

same restrictions shall attach thereto as attach to the cession 



OF SOUTH CAROLINA. 




of a lot on South Island, by the proviso in sub-division 14 of 
this Section. The cession of said sites shall not be construed 
to authorize their use for any other purpose than the pur- 
poses specified, nor to exclude or prevent any process, civil or * 
criminal, issuing from the Courts of this State, from being 
served or executed within the limits of the same. 

26. A site, restricted to fifty feet square, on South Battery, Fifty feet on 
in the City of Charleston, for a beacon or harbor-light, which Charleston. 
shall be forever exempt from any taxes to be paid to this State ; 1854, x 1 1., 
and shall be subject to the same restrictions as attach to the 

cession of a lot on South Island, by the proviso in sub- 
division 14 of this section. 

27. A site for a light-house, in or near Mount Pleasant, pig^^g^f^f V^^' 
Charleston Harbor, not exceeding one acre. les ton Co. 

28. A site for "a beacon-light at White Point, in the City '856, xii., 
of Charleston, to be designated by the City Council of Charles- 

ton. Point, Charles- 

ton Co. 

29. A site for a light-house on Fort Point, near George- — 

town, not exceeding twenty acres — Georgetown County. t f rt 

-^o. A lot of land for a Court House and offices connected ^oint.George- 

"-" . _ town Co. 

therewith, for the use of the United States Courts, or for any 

other purposes to which the Government of the United States fid 

may think proper to apply it, viz. : All that lot, piece, or k n o w n as 
parcel of land, with the buildings thereon, known as the Club House," 

^ ' '^ ' , on Me e 1 1 n g 

"Charleston Club House," situate, lying, and being on the St., in Char- 

' -' c>> o leston. 

west side of Meeting Street, in the City of Charleston, meas--- — —-; — 

. . . . 1870, XI\'., 

uring and containing in front, on Meeting Street, fifty-eight 312. § i- 
feet, more or less, by about two hundred and thirty-six feet 
in depth, more or less ; bounding, north, on lands now or late 
of Wm. P. Greenland ; to the east, on Meeting Street ; to the 
south, on lands of M. C. Mordecai ; and to the west, on lands 
of the French Protestant Church : Provided, That all process, 
civil or criminal, issued under the authority of this State, or 
any officer thereof, shall and may be served and executed on 
any part of the said premises, and on any person or persons 
there being, and implicated in any matter of law: And pro- 
vided, alzvays, That the said lot of land, and all the buildings 
and structures of every kind already thereon erected, or that 
may hereafter be erected thereon, shall be absolutely and for- 
ever exempt from all taxes of the County of Charleston, and 



10 CIVIL CODE 

A. D. 1902. 



'^-^"v-**^ the corporation of the City of Charleston, and of the afore- 
said State. 

indium b^^a! 3^' ^ ^^^ °^ ^^^^ ^o'" ^ post-office and Court House, and 
TrTJo n^i?i o^c^s connected therewith, for the use of the United States, 
Laurel Streets, qj- fQj. a,riy other purpose to which the Government of the 
lb., 326, § I. United States may think proper to apply it, viz. : All that lot, 
piece, or parcel of land in the City of Columbia, situate, lying, 
and being on the corner of the streets known as Richardson 
Street and Laurel Street, measuring one hundred and four 
feet, more or less, on Richardson Street, and two hundred and 
eight feet, more or less, on Laurel Street, and containing one- 
half an acre, more or less; bounded on the north by Laurel 
Street; on the east by Richardson Street; on the south by lot 
formerly belonging to Charles Beck, and now held by Hugh 
Weir; and on the west by lot formerly held by Robert N. 
Lewis, and, by his last will and testament, devised to Daniel 
B. Lewis, executor of said last will and testament of the said 
Robert N. Lewis : Provided, That all process, civil or criminal, 
issued under the authority of the State, or any officer thereof, 
■shall and may be served and executed on any part of the said 
premises, and on any person or persons there being and impli- 
cated in any matter of law : And provided, always, That the 
said lot of land, and all the buildings and structures of every 
kind already thereon erected, or that may hereafter be erected 
thereon, shall be absolutely and forever exempt from all taxes 
of the County of Richland, and the corporation of the City of 
Columbia, and of the aforesaid State, 
c^et^r^y*"^ 3^- The jurisdiction of the State is hereby ceded to the 
Florence Co. United State of America over certain land situate in the County 
XV., 312. q£ Florence, and near the town of Florence, known as the 
"National Cemetery." The United States are to retain such 
jurisdiction so long as such lands shall be used as a National 
Cemetery, and no longer. Such jurisdiction is granted on the 
express condition that the State of South Carolina shall retain 
a concurrent jurisdiction with the United States in and over 
said lands, so far as that civil process in all cases not affecting 
the real or personal property of the United States, and such 
criminal or other process as shall issue under the authority 
of the State of South Carolina against any person or persons 
charged with crime or misdemeanor committed within or with- 
out the limits of the said lands, may be executed thereon in 



OF SOUTH CAROLINA. ii 

A. D. 1902. 



the same way and manner as if no jurisdiction had been ^— -v^^^ 
hereby ceded. 

33. There is granted to the United States of America a ^^°^^^ ^gf^^J 
quantity of land on Sullivan's Island, Charleston Harbor, not^^^,g°/gi|"^^jj 
exceeding three hundred feet in length and two hundred feet JPfj^ of *the jlt- 
in breadth, for the erection of the shore line of a jetty, to be f^^^^^^Jj^^^^^; 
erected for the improvement and deepening of the bar of xvi., 709. 
Charleston harbor. The land so granted is described and 
located as follows : Starting from the magistral of the north- 
east salient angle of Fort Moultrie, thence running south two 
degrees seven and one-half minutes (2° 7^') east, eight hun- 
dred and forty-six (846) feet, to a point near high-water line 
on the south shore of Sullivan's Island; thence north eighty- 
six degrees thirty-five and one-half minutes (86° ZSV^') east, 
two thousand eight hundred (2,800) feet, to a point near the 
same high- water line; thence north seventy-seven degrees 
thirty-eight and one-half minutes {^7° 385^') east, two thou- 
sand one hundred and ninety and one-half (2,1903^) feet, to 
a point on the high-water line of said shore, which point is 
the south-west angle of the tract hereby conveyed ; thence north 
seventy-seven degrees thirty-eight and one-half minutes 
{77° 38^') s^st, along said water-line three hundred (300) 
feet; thence north twelve degrees twenty-one and one-half 
minutes (12° 213^') west; two hundred (200) feet; thence 
south seventy-seven degrees thirty-eight and one-half min- 
utes {yy° 38^^') west, three hundred (300) feet; thence south 
twelve degrees twenty-one and one-half minutes (12° 21^') 
east, two hundred (200) feet, to the high- water line at the 
before-mentioned south-west angle of the tract herein con- 
veyed; and the accretion on the three hundred (300) feet of 
water-front of said tract shall also belong to the United States 
for the purposes aforesaid. 

There is hereby granted to the United States of America xvii., 95. 
a quantity of land on Morris Island, Charleston Harbor, 
sufficient for the erection of a shore line of a jetty for the im- 
provement and deepening of the bar of Charleston Harbor, not 
exceeding fifteen hundred feet in length, measured on the high- 
water line, and two hundred feet in breadth, which land so 
granted may be located and selected either from the land now 
owned by the State of South Carolina at the north end of 
Morris Island; and the accretion on the water-front of said 
land so granted shall also belong to the United States for the 



12 CIVIL CODE 

A. D. 1902. 



''--•'^v-*-^ purposes aforesaid. That in addition to said lands herein 
granted, is also ceded to the United States of America such 
other quantity of land on Morris Island as may be needed for 
the shore line of the jetty aforesaid, belonging to any person 
or persons other than the State of South Carolina, so soon as 
such land has been or may be conveyed by the owner thereof to 
the United States of America: Provided, That a plat of all 
the lands herein granted and ceded shall be made and be 
deposited in the office of the Secretary of State under the 
supervision and direction of the proper officer of the United 
States in charge of the jetties. 
for^'^Oiarfeston ^° Hiuch land of the State as may be needed for the perma- 
jetties. nent construction of the shore end of the jetties in Charleston 

290'^^^' ^^" Harbor lying on and next adjacent to Morris Island and the 
creeks and marshes contiguous thereto, be, and the same are 
hereby, granted to the United States of America, for the pur- 
pose of the erection and construction of said shore end of said 
Provisos. jetties : Provided, The same do not exceed one hundred and 
fifty acres : Provided, further, That nothing herein contained 
shall be construed to impair or affect the rights of owners or 
of any private individuals claiming the said lands, or any part 
thereof, 
i^ Glo?geto"wn 34- Such lands as may be required for the purpose of con- 
nveen^wlnyah "ccting Wiuyah Bay and Santee River, in Georgetown County, 
^e^Ri-ver ^^"' ^° ^^ ^^ facilitate commercc. 

A. A. 1882. 35- There is hereby ceded to the United States of America, 

Land ceded •^°^ ^^^ purposc of Constructing jetties for the improvement of 

town^jerties" ^' ^^^ ^^^ ^^ *^^ entrance of Winyah Bay, S. C, any and all rights 

^^^^^ xx^'^f ^he State to the adjacent water-covered territory extending 

^^'- from high-water mark in certain lands granted by Bettie Mason 

Alexander and Edward P. Alexander to the United States of 

America, by deed bearing date the 17th of September, 1889, 

and recorded in the office of the Register of Mesne Conveyance 

for Georgetown County, in Book K, page 692-695, outward 

about (500) five hundred feet, and also f.rom the jetties to be 

constructed by the United States outward about five hundred 

feet in every direction into the Atlantic Ocean and Winyah 

Bay, respectively, and to any and all accretions to said territory 

growing out of the construction of said jetties, or from any 

other causes ; this territory being at present bounded as follows, 

to wit: 

North Island : Beginning at a point on the west side of the 



OF SOUTH CAROLINA. 




southern point of said island at the high-water line, about 

(1600) sixteen hundred feet distant, and south 4 degrees 39 ^^ hi.n^d"ceded 

minutes east from the centre of the Georgetown Lighthouse ; fi^^^^"^^ ^^" 

and running thence due west about (1,200) one thousand two 

hundred feet; thence south 47 degrees 16 minutes east (6200) 

sixty-two hundred feet; thence south 63 degrees 45 minutes 

east (2800) twenty-eight hundred feet; thence south 84 degrees 

east (10,200) ten thousand two hundred feet; thence north 

(1,000) one thousand feet; thence north 84 degrees west 

(9900) ninety-nine hundred feet; thence north 63 degrees 45 

minutes west (2400) twenty- four hundred feet; thence north 

47 degrees 16 minutes west (2700) twenty-seven hundred feet; 

thence north 45 degrees east (2500) twenty-five hundred feet; 

thence west to the high-water line on the east side of North 

Island Point; thence around said point toward Winyah Bay, 

with the various meanderings of said high water line to the 

beginning. 

South Island : Beginning at a point on the beach of said ^^ j^ndTeded 
island about (12,511) twelve thousand five hundred and eleven J'^'^^^'*"*^ ^^' 
feet south of the eastern end of the southern boundary of land 
now belonging to W. C. Johnstone, and from which the George- 
town Light-house bears north 28^ degrees east, and the centre 
of the U. S. dyke across Lagoon Creek bears north S^}^ de- 
grees west, and runs thence in a southerly direction (800) eight 
hundred feet to a point on the high- water line ; thence due 
east (22,100) twenty-two thousand one hundred feet; thence 
south (1,000) one thousand feet; thence due west to the high 
water line on South Island ; thence with the various meander- 
ings of said high-water line to the second corner from the be- 
ginning (counting the beginning corner as the first corner) : 
And provided, also, That all the above deeded lands and terri- 
tory shall be exempted from all State taxes, assessments and Exemption 
other charges, as provided in Section 10, Chapter I, of ^'""^ *^^^^' 
this Code, for the lands therebefore granted to the United 
States for similar purposes. 

The proper officers of the United States, in charge of said exfcuted*°a n'd 
jetties, from time to time shall cause to be executed a plat of ^^^^' 
the lands which may be required for the purposes aforesaid, 
and file the same in the office of the Secretary of State of this 
State. 

36. The right, title and interest of this State to, and the juris- 
diction and control of this State over, the following described 




CIVIL CODE 



tracts or parcels of land and land covered with water, situated 
o V e^*^ertaiS ^^ the town of Moultrieville, on Sullivan's Island, in the 
van^ is^i a^n d County of Charleston, in this State, be, and the same are 
^vcn to ^^h-Qrehy, granted and ceded to the United States of America 
1896 XXII ^^ ^^^^^ ^°^ ^^^ location, construction and prosecution of works 
390. of fortifications and coast defenses, to wit: All that tract or 

parcel of land, and land covered with water, bounded as fol- 
lows : Beginning at the point of intersection of the eastern 
boundary line of the Fort Moultrie military reservation with 
the line of the southern side of Beach Avenue, and running 
thence along the southern side of said Beach Avenue, in an 
easterly direction, to its intersection with the western side of 
Sumter Street ; thence along the western side of Sumter Street 
and along the western side of Sumter Street extended, in a 
southerly direction, to a point in the sea one hundred yards 
beyond low water mark ; thence in a westerly direction, follow- 
ing the meanderings or intersections of a line in the sea one 
hundred yards beyond low-water mark to the eastern boundary 
line of the Ft. Moultrie military reservation extended and thence 
along the eastern boundary line of the Fort Moultrie military 
reservation extended, and along said eastern boundary line, in 
a northerly direction, to the place of beginning. Also, all that 
tract or parcel of land, and land covered with water, bounded 
as follows : Beginning at a point in the sea on the prolongation 
or extension, in a southerly direction, of the dividing line be- 
tween Lot T and Lot U, as laid down on the plan of said town 
of Moultrieville, one hundred yards beyond low-water mark, 
and running thence in a northerly direction, along the pro- 
longation or extension of said dividing line, along said dividing 
line, and the line that divides Lot No. 224 from Lot No. 225, 
as laid down on the plan of said town of Moultrieville, to the 
southerly side of Ion Street; thence in an easterly direction, 
along the southerly side of Ion Street, to the point of inter- 
section of the southerly side of that street with the dividing 
line between Lot No. 256 and Lot No. 257, as laid down on 
the plan of said town of Moultrieville ; thence in a southerly di- 
rection, along the dividing line between said Lots Nos. 256 and 
257, and the dividing line between Lot No. 260 and Lot No. 
261, as laid down on the plan of said town of Moultrieville, 
and the prolongation or extension of said dividing lines, to a 
point in the sea one hundred yards beyond low-water mark; 
thence in a southwesterly direction, following the meanderings 



OF SOUTH CAROLINA. 



or indentations of a line in the sea one hundred yards beyond 
low-water mark to the place of beginning, excepting from the 
tract or parcel of land so described and hereby ceded, the United 
States jetty reservation. Also, all that tract or parcel of land, 
and land covered with water, bounded as follows : Beginning 
at a point in the sea on the prolongation or extension, in a 
northerly direction, of the easterly side of Horry Street, one 
hundred yards beyond low-water mark, and running thence, in 
a southerly direction, along the prolongation of the easterly 
side of said Horry Street, and along the easterly side of said 
street to its intersection with the northerly side of East Middle 
Street or Beach Avenue ; thence in an easterly direction, along 
the northerly side of said East Middle Street or Beach Avenue, 
to the point of intersection of the northerly side of that street 
with the dividing line between Lot No. 269 and Lot 270, as 
laid down on the plan of said town of Moultrieville ; thence 
in a northerly direction along the dividing line between said 
Lots Nos. 269 and 270 and the dividing line between Lot No. 
265 and Lot No. 266, as laid down on the plan of said town of 
Moultrieville, and the prolongation of said dividing lines, to 
a point in the sea one hundred yards beyond low-water mark ; 
thence in a southwesterly direction, following the meanderings 
or indentations of a line in the sea one hundred yards beyond 
low-water mark, to the place of beginning. 

37. Also the right, title and interest of this State to, and^^l^".'' 
the jurisdiction of this State over, the following described 
tracts or parcels of land, and land covered with water, situated 
in the town of Moultrieville, on Sullivan's Island, in the 
County of Charleston, in this State, be, and the same are hereby, 
granted and ceded to the United States of America as sites 
for the location, construction and prosecution of works of for- 
tifications and coast defenses, and for the uses of the garrison, 
to wit : 

All that tract and parcel of land, and land covered with 
water, bounded as follows: Beginning at a point on the pro- 
longation or extension, in a northerly direction of the westerly 
line of Lot 159, as laid down on the plan of said town of Moul- 
trieville, on the back beach, and one hundred yards beyond high 
water line ; thence in an easterly direction following the mean- 
derings or indentations of a line one hundred yards beyond said 
high-water line to the intersection of the prolongation or exten- 
sion in a northerly direction of the western line of Pettigru 




XXIII., 



i6 CIVIL CODE 

A. D. 1902. 

^--•"V"**-' Street; thence in a southerly directon along said prolongation 
or extension of the said westerly line of Pettigru Street, along 
said westerly line of Pettigru Street, and along the prolonga- 
tion or extension in a southerly direction of said westerly line 
of Pettigru Street, to a point one hundred yards beyond low 
water line in the sea ; thence in a westerly direction, following 
the meanderings or indentations of a line in the sea one hun- 
dred yards beyond low-water line to its intersection with the 
prolongation or extension, in a southerly direction, of the east- 
ern side of Marion Street ; thence in a northerly direction along 
said prolongation or extension of the eastern side of Marion 
Street, and along said eastern side of Marion Street to its inter- 
section with the northern side of Central Avenue; thence in a 
westerly direction along the northern side of Central Avenue to 
the southwest corner of Lot 159 aforesaid; and thence in a 
northerly direction along the western line of said Lot 159 afore- 
said, and along the prolongation or extension, in a northerly 
direction, of the western line of said Lot 159 to the place of be- 
ginning, excepting from the area described those portions 
which are occupied and in use by the public as highways, 
known as Central Avenue and Beach Avenue ; and also all that 
tract and parcel of land, and land covered with water, bounded 
as follows : beginning at a point on the prolongation or exten- 
sion, in a northerly direction, of the westerly line of Lot 131, as 
laid down on the plan of said town of Moultrieville, on the back 
beach, and one hundred yards beyond high-water line; thence 
in an easterly direction following the meanderings or indenta- 
tions of a line one hundred yards beyond said high-water line 
to the intersection of the prolongation or extension, in a north- 
erly direction, of the eastern line of Marion Street ; thence in a 
southerly direction along said prolongation or extension of said 
easterly line of Marion Street along said easterly line of Marion 
Street, and along the prolongation or extension in a southerly 
direction of the said easterly line of Marion Street, to a point 
one hundred yards beyond low- water line in the sea ; thence in 
a westerly direction following the meanderings or indentations 
of a line in the sea one hundred yards beyond low-water line to 
its intersection with the prolongation or extension in a south- 
erly direction of the eastern side of Sumter Street ; thence in a 
northerly direction along said prolongation or extension of the 
eastern side of Sumter Street, and along said eastern side of 
Sumter Street to the place of beginning — excepting from the 



OF SOUTH CAROLINA. 




area described those portions which are occupied and in use by 
the public as highways, known as Central Avenue and Beach 
Avenue. 

38. Also the right, title and interest of this State to, and ^1901, xxiii., 
the jurisdiction of this State over, the lands comprising those 
portions of Central Avenue and Beach Avenue, in the town 
of Moultrieville, Sullivan's Island, in this State, which He be- 
tween Pettigru and Sumter Streets in said town of Moultrie- 
ville, are hereby ceded to the United States of America for 
military purposes; and the portion of Beach Avenue herein 
ceded is vacated and discontinued as a public highway : Pro- 
vided, That the portion of Central Avenue herein ceded shall 
be forever kept open as a public street; and this cession shall 
in no way interfere with any private rights, or any franchise 
heretofore legally granted with reference to said Central 
Avenue : And Provided, further, That this State reserves the 
right to authorize the laying and maintaining of tracks for rail- 
road or traction purposes on and across the portion of Central 
Avenue ceded, or on lands contiguous thereto, and lying within 
15 feet of the same. 

Provided, That there is hereby reserved to this State a con- 
current jurisdiction for the execution within said lands men- 
tioned in subdivisions 36, 37 and 38 of all process, civil or crimi- 
nal, lawfully issued by the Courts of the State and not incom- 
patible with this cession. 

The grant hereinbefore made in subdivisions 36 and 37 is upon the°grant" °* 
the condition that the said grant shall not be effectual as to any 
portion of the premises embraced in the foregoing descrip- 
tion in which any person or persons have now any right, title 
or interest, or upon which any person or persons now own 
or have any structures or improvements, until the United States 
of America shall have compensated such person and persons 
for such right, title and interest, and for such buildings, struc- 
tures and improvements, and acquired the title of such person 
and persons thereto ; and said grant shall not be effectual until 
the United States of America shall have further compensated 
the parties who, at and before the cession of said jetty reser- 
vation, owned like interests or owned structures and improve- 
ments upon the territory heretofore ceded by this State to the 
United States of America for a jetty reservation. 

In case of the failure of the United States of America and 
any persons interested as aforesaid, or owner as aforesaid, to 

2 C 



i8 CIVIL CODE 

A. D. 1902. ~~- ■ 

^-'"v"'^' agree upon the proper compensation to be paid as above pro- 
. Compe n s a- yided, the United States of America is authorized to have 

tion, how de- ' 

termined. ^^q same determined by the verdict of a jury upon application 
1896, XXII., by petition to the Court of Common Pleas for Charleston 

39o;i89 0, -^-r .... 

XXIII., 422. County, which shall be served as by law a summons m a civil 
action in said Court is required to be served, and the same 
shall be heard without delay at a term of said Court and 
under the direction of the presiding Judge thereof, and such 
determination shall be final and without appeal ; and upon the 
amount so found being paid, with the cost of Clerk and 
Sheriff, if any, the right and title of the parties thereto shall 
vest in the United States of America. 
Streets, &c., AH Streets, roads and highways within the said tracts or par- 
above grant cels of land except Central Avenue, as above stated, are vacated 

and discontinued from the time said grant becomes effectual. 
_ Certain lands 39. All thosc marsh lauds next adjacent to Castle or Fort 
harbor ce d e d Pinckncy , uot already ceded to the United States of America, 
States _ for a and Consisting of fifty acres of marsh lands, more or less, be, 

•' — and the same are hereby, granted unto the United States of 

1898, XXII., . , , V , . ... 

962. America for the purpose of the erection, construction and main- 

taining of a Home or Sanitarium for disabled officers, soldiers 
and sailors of the army and navy of the United States of 
America. 
Land to be Said lands shall be, and continue, so long as the same shall 

exempt from • ,^j.- j 

taxes. be used for the purpose aforesaid, exonerated and discharged 

from all taxes, assessments and other charges which may be 
imposed under the authority of the State of South Carolina. 
Plat of land The proper officers of the United States in charge of such 
filed ^th^s?c- institution shall cause to be executed a plat of the lands which 
retaryo ^ ^- ^^y ^g acquired for the purpose herein mentioned, and file 
the same in the offtce of the Secretary of State of this State. 
Land may be Scc. 4. The United States, or such person or persons as 
^fnited^^ Stated may be by them authorized, shall have a right to purchase, in 
and'^magazines. any part of this State that may be thought most eligible, the 
~~G. s. 4; R- fee simple of any quantity of land, not exceeding two thousand 
260, '1 I.' ''acres, for the purpose of erecting arsenals and magazines 
thereon. 
If pa r t i e s gee. 5. If the person or persons whose land mav be chosen 

cannot agree, -^ ^ 1 "j- j 

land to be vai- fQj- the abovc mentioned purpose, should not be disposed to 

— ^-^ ^ sell the same, or if the persons appointed to make the purchase 

R. s. 5; '-?&-. should not be able to agree upon terms with such owner or 
owners of the said land, the same shall be valued, upon oath. 



OF SOUTH CAROLINA. 




by a majority of persons to be appointed by the Court of Com- 
mon Pleas of the County where such land is situated for that 
purpose; and the land shall be vested in the United States, 
upon their paying the amount of such valuation to the owner 
or owners of such land. 

Sec. 6. The said land, when purchased, and every person and . Concurre n t 
officer residing or employed thereon, whether in the ser- tained by the 

vice of the United States or not, shall be subject and liable '■ 

to the government of this State, and the jurisdiction, laws, and s. 6; I'b., '§ 3! 
authority thereof ; that the United States shall exercise no more 
authority or power, within the limits of the said land, than 
they might have done before acquiring the same, or than may 
be necessary for the building, repairing, or internal govern- 
ment of the arsenals and magazines thereon to be erected, and 
the regulation and management of the same, and of the officers 
and persons by them to be employed in or about the same : 
Provided, always. That the said land shall forever be exempt 
from any taxes to be paid to this State. 

Sec. 7. Whenever it shall be made to appear to any one of .Sites for 

. "^ light stations 

the Circuit Courts of this State, upon the application of any on l and. 

authorized agent of the United States, that the said United ^ G- s. 7; R. 

. . S. 7; I 8 7 2, 

States are desirous of purchasing any tract of land and the xv., 308. 
right of way thereto, within the limits of this State, for the 
erection of a light-house, beacon-light, range-light, buoy-depot, 
or other buildings needed for light-house purposes; and that 
the owner or owners of said land are unknown, non-residents, 
or minors, or, from any other cause are incapable of making a 
perfect title to said lands, or in case the said owners, being 
residents and capable of conveying, shall, from disagreement 
in price, or any "other cause whatever, refuse to convey the 
said lands to the United States, the presiding Judge of the 
said Court shall order notice of said application to be published 
in some newspaper nearest to where said lands lie ; also in one 
newspaper published in the City of Columbia, once in each 
week, for the space of four months, which notice shall contain 
an accurate description of the said lands, together with the 
names of the owners, or supposed owners, and shall require 
all persons interested in the said lands to come forward, on a 
day to be specified in said notice, and file their objections, if 
any they should have, to the proposed purchase; and at the 
time specified in said notice, the said Court shall empanel a 
jury, in the manner now provided by law, to assess the value 



20 CIVIL CODE 

A. D. 1902. ■ 



^■^"v"""*-^ of the said lands at their fair market value, and all damage 
sustained by the owner of the lands so appropriated by reason 
of such appropriation; which amount, when so assessed, to- 
gether with the entire costs of said proceedings, shall be paid 
into the County Treasury of the said County in which said 
proceedings are had; and thereupon the Sheriff of the said 
County, upon the production of the certificate of the Treasurer ' 
of said County that the said amount has been paid, shall execute 
to the United States, and deliver to their authorized agent, a 
deed of the said lands, reciting the proceedings in said cause, 
which said deed shall convey to the said United States a good 
and absolute title to the said lands against all persons what- 
soever. 

The money so paid into the County Treasury shall there 
rem.ain, until ordered to be paid out by a Court of competent 
jurisdiction. 

The Judge directing the money to be paid to a County Treas- 
urer in accordance with the provisions of this Act, shall require 
of such Treasurer a bond in double the amount of money or- 
dered to be paid by him, with two or more sufficient sureties, 
to be approved by said Judge. Said bonds shall be payable to 
the State of South Carolina, for the use and benefit of such 
persons, severally, as are entitled to said money. Said bonds 
shall be executed and approved, and filed with the Clerk of 
said Court, before receiving said money. 

In all cases of publication of notice under this Section, the 
Court shall require the same proof as in cases of publication 
of notice in civil cases. 
_ Submarine Scc. 8. Whenever the United States desire to acquire title 
h o^u s*<f s *lnd to land belonging to the State and covered -by the navigable 
Savlgatfon^ ° watcrs of the United States, within the limits thereof, for the 
G. s. 8; R.site of a light-house, beacon, or other aid to navigation, and 
xV., 790. ^ '^' application is made by a duly authorized agent of the United 
States, describing the site required for one of the purposes 
aforesaid, then the Governor of the State is authorized and 
empowered to convey the title to the United States, and to 
cede to the said United States jurisdiction over the same: 
Provided, No single tract shall contain more than ten (lo) 
acres, and that the State shall retain concurrent jurisdiction so 
far that all process, civil or criminal, issuing under the au- 
thority of the State, may be executed by the proper officers 
thereof upon any person or persons amenable to the same 



OF SOUTH CAROLINA. 21 

A. D. 1902. 



within the limits of land so ceded, in like manner and to like 

effect as if this Section had never been enacted. Any person 1872. xv., 233. 

or persons who shall moor any vessel, scow, boat, or raft, to 

any buoy, or beacon, or floating guide, placed by the United 

States Light House Board in the navigable waters of this State, 

or who shall, in any manner, make fast thereto any vessel, 

boat, scow, or raft, and any person or persons who shall 

wilfully destroy, injure, or remove any such beacon or guide, 

shall forfeit and pay a sum not exceeding one hundred dollars, 

or be imprisoned in the common jail not exceeding three 

months. Said forfeitures may be recovered by an action of 

tort, complaint, or indictment before any Court competent to 

try the same ; one-half accruing to the informer or complainant, ceJed ^'to'^ the 

and the other half to the County in which the trial shall be had. ^^i^^tn ^lanS 

Sec. 9. The jurisdiction of the State of South Carolina is^'^^lJifc pur^ 
hereby ceded to the United States of America over so much ^°^„^^- J'jJ^<^\';; 
land as is necessary for the public purposes of the United J^^^^j^J^j^jf^^^f 
States: Provided, That the jurisdiction hereby ceded shall notg^« inTtrbe 
vest until the United States of America shall have acquired the ^^fjj" ^[J^® ?,* 
title to the lands, by grant or deed, from the owner or owners r'sdiction. 
thereof, and the evidences thereof shall have been recorded in 3/% j^",!',,^^ 
the office, where, by law, the title to such land is recorded ; ^^^•' S3S. § i- 
and the United States of America are to retain such jurisdiction 
so long as such lands shall be used for the purposes afore- 
mentioned, and no longer; and such jurisdiction is granted 
upon the express condition that the State of South Carolina 
shall retain a concurrent jurisdiction with the United States 
in and over the said lands, so far as that civil process, in all 
cases not affecting the real or personal property of the United 
States, and such criminal or other process as shall issue under 
the authority of the State of South Carolina, against any person 
or persons charged with crimes or misdemeanors committed 
within or without the limits of the said lands, may be executed 
therein, in the same way and manner as if no jurisdiction had 
been thereby ceded. 

Sec. 10. All lands and tenements which may be granted, emprfrp^m 
as aforesaid, to the United States, shall be and continue, so ^^^^^ taxation, 
long as the same shall be used for the purposes in the last s. 'loj ^°i87i) 
Section mentioned, exonerated and discharged from all taxes, "^^ "' ^^^' ^ ^' 
assessments, and other charges which may be imposed under 
the authority of the State of South Carolina. 

Sec. 11. The consent of the State of South Carolina be, and 



22 CIVIL CODE 

A. D. 1902. 

^^ i — ^ is hereby, given to the acquisition by the United States, by 

Consent giv- purchase or ffift, or bv condemnation according to law, of such 

en to acquisi- -t^ & ' ^ o ' 

lion of ^certain fQj-gg^ X^xi^'s, Qx such Other property as it may acquire by pur- 
United States (.j^ase, or deed, or otherwise, in this State, as, in the opinion 
ment of a na- Qf j-j^g Federal Government, mav be needed for the establish- 

tional to r e s t ' ■" 

reserve. mcnt of such national forest reserve in that region : Provided, 

1901, XXIII., 'phat the State shall retain a concurrent jurisdiction with the 
609. ^ 

United States in and over such lands so far that civil process 

in all cases, and such criminal process as may issue under the 
authority of the State against any person charged with the 
commission of any crime without or within said jurisdiction, 
may be executed thereon in like manner as if this Act had not 
been passed, 
Po^^ers^^giv- Power is hereby conferred upon Congress to pass 
such laws as it may deem necessary to the acquisition, as 
hereinbefore provided for incorporation in said national forest 
reserve such forest-covered lands lying in the State as, in the 
opinion of the Federal Government, may be needed for this pur- 
pose : Provided, That the power of condemnation proceedings 
herein provided for shall not be applied to territory south of a 
line ten miles north of the Southern Railway from Charlotte to 
^&- Atlanta: And Provided, further. That nothing herein con- 
tained shall be construed as giving the right to condemn any 
building, dwelling house or cultivated or pasture lands. 

Power is hereby conferred upon Congress to pass 
such laws, and to make, or provide for the making, of such rules 
and regulations of both civil and criminal nature, and provide 
punishment for violation thereof, as, in its judgment, may be 
necessary for the management, control and protection of such 
lands as may be from time to time acquired by the United 
States under the provisions of this Act. 



OF SOUTH CAROLINA. 



CHAPTER II. 

The General Assembly. 

General provisions. 

Claims against the State. 

Introduction of measures for private purposes. 

Special provisions as to legislative enactments. 



Article 
Article 
Article 

Article 



ARTICLE L 

General Provisions. 




Sec. 



Sec. 



appoint- 
and at- 



22. Qualification for 

ment of officers 
tacliees. 

23. Compensation of officers and 

attachees. 

24. List of such officers, etc., to 

be filed with Treasurer. 

25. Pay certificates for members. 

26. By whom signed. 

27. Pay certificates of officers and 

employees. 
Statement of certificate to be 
furnished Comptroller Gen- 
eral and Treasurer. 



28. 



12. Apportionment of Represen- 

tatives. 

13. Oaths to be taken by mem- 

bers. 

14. Compensation of members. 

15. Stationery and postage of 

members. 

16. Stationery for each House. 

17. Fuel and gas for. 

18. Officers elected by each House. 

19. Officers and employees of each 
House. 

20. Committee Clerks and At- 

tachees. 

21. Solicitors to attend sessions 

of and assist in preparation 
of Acts. 

Section 12. The several Counties of this State shall be en- ^^^^^p p/""^"^'. 
titled to Representatives as follows : resentatives. 

Abbeville, 3; Aiken, 4; Anderson, 5; Bamberg, 2; Barnwell, g/^-jf: "^^o^; 
3; Beaufort, 3; Berkeley, 3; Charleston, 8; Cherokee, 2; Ches-^^^^^-' ^^^• 
ter, 3 ; Chesterfield, 2 ; Clarendon, 3 ; Colleton, 3 ; Darlington, 
3 ; Dorchester, i ; Edgefield, 2 ; Fairfield, 3 ; Florence, 3 ; 
Georgetown, 2 ; Greenville, 5 ; Greenwood, 3 ; Hampton, 2 ; 
Horry, 2 ; Kershaw, 2 ; Lancaster, 2 ; Laurens, 3 ; Lexington, 3 ; 
Marion, 3 ; Marlboro, 3 ; Newberry, 3 ; Oconee, 2 ; Orangeburg, 
5 ; Pickens, 2 ; Richland, 4 ; Saluda, 2 ; Spartanburg, 6 ; Sumter, 
5 ; Union, 2 ; Williamsburg, 3 ; York, 4 : Provided, That in the 
event other Counties are hereafter established, then the General 
Assembly shall reapportion the Representatives between the 
Counties. 

Representatives to the House of Representatives shall ^^^^^^^ "^ * 
be elected from the several Counties of the State, in accord- 
ance with the provision of this Section at the general elec- 



24 CIVIL CODE 

A. D. 1902. 



^ 1 ^ tion to be held on Tuesday after the first Monday in November 

of the year 1902, and every second year thereafter, in such 
manner and at such place as now provided by law, or as the 
General Assembly may prescribe. 
taiSn*^ mem*^ ^®^' ^^- ^^^ members elected to the General Assembly shall 

fagrs. take the oath prescribed in Article III., Section 26, of the Con- 

G. s. 12; R. stitution of the State, before entering upon the duties of their 

S. 12; I 8 8 o, ' & ir 

xviL, 502. office. 

Compensation Scc. 14. Each member of the General Assembly shall re- 
ef members. •' 

— ^-r-^— ^- ceive for each Regular Session, and for any Extra or Special 

s. 13; XVI., Session, four dollars per diem durinsr the Session, and shall 
246; 1893, ^ ° 

XXI., 417. also be entitled to receive mileage at the rate of ten cents per 
mile for the actual distance travelled by the most direct route 
going to and returning from the place where the session of the 
General Assembly shall be held. 
Stationery Scc. 15. The Clerk of the Senate shall, on the first day of 
members^^ each session, draw a pay certificate of five dollars in favor of 
G. s. 14, R. each Senator, and the Clerk of the House of Representatives 
. 14, ., I 4- gj^g^ij lii^ewise, on the first day of each session, draw a pay cer- 
tificate of five dollars in favor of each member of the House 
of Representatives, which shall be given in lieu of all stationery 
and postage to be used by such Senator or Representative in 
his official capacity during each session, and to be in addition 
to his per diem and mileage. 
Station e r y Scc. 16. The Clerks of the Senate and of the House of Rep- 

f or each House . in 1 r ■ 1 r i-tt • 1 

resentatives shall each furnish for their Houses, respectively, 

s. I's; lb., 224. for their use and for the use of their several Committees, such 
stationery as may be necessary for each session : the amount 
so to be furnished for the Senate not to exceed one hundred 
dollars ; and that so furnished for the House of Representa- 
tives not to exceed one hundred and fifty dollars. 
Fuel and gas Scc. 17. The Secretary of State shall furnish for the Senate 

for. . 

■ — ——and House of Representatives, and for their respective Com- 

s. 16; '/b., mittee rooms, such supplies of fuel or coal and gas as may be 

necessary for their use at each session of the General Assembly : 

the amount for this purpose not to exceed the sum of eight 

hundred dollars. 

Officers elect- -Sec. 18. The Senate and House of Representatives, imme- 

ed by each -. . 

House. diately after assembling in the session following a general elec- 

G. s. 17; R. tion, shall each proceed to the election of a Clerk, to be known 
S. 17; 1877, ^ 

294; 189 o, as the Clerk of the Senate and the Clerk of the House of Rep- 

XX., 661: 
1893, XXL, 
417, 418. 



OF SOUTH CAROLINA. 




resentatives, respectively, who shall each receive a salary of 
eight hundred dollars per annum. 

The Senate and House of Representatives shall also, at the ^^^f^^' ^^^•' 
same time, each for itself, elect a Reading Clerk, who shall e ^ t r a ses- 
each receive a salary of two hundred and fifty dollars, and a?gYa"ure^ ^^^' 
Sergeant-at-Arms, who shall receive a salary of two hundred ^i^"xxi" 
dollars. ik!'66:''°' 

Provided, That in case of an extra session or sessions of the 
General Assembly, the Sergeant-at-Arms, Clerk, Assistant 
Clerk and Reading Clerk shall also receive the same mileage 
and per diem of a member of the General Assembly. 

The Senate and House of Representatives shall each elect 
annually, on the first day of the session, a Chaplain, who shall 
serve as such officer during the session, and shall receive a sal- 
ary of fifty dollars during the session, to be paid in the same 
manner as the officers of the respective Houses are paid. 

Sec. 19. There shall be appointed at the commencement of cii?k™and at- 
the first session of every term of the General Assembly, f or ^a1:e'^||,^° jjougg 
the Senate, by the presiding officer of the Senate, the follow- tfve'^^'hat^may 
ing Clerks and attaches : An Assistant Clerk ; a Bill Clerk ; ^^ appo'^ted. 
a Journal Clerk; a Clerk to the Committee on Judiciary; a 
Clerk to the Committee on Finance ; three Doorkeepers ; two 
Laborers ; one porter ; a Keeper of the President's room ; two 
Pages; one Mail Carrier; and no others. In the House, by 
the Speaker of the House of Representatives : An Assistant 
Clerk; a Journal Clerk; one Bill Clerk; a Clerk to Committee 
on Ways and Means ; a Clerk to Judiciary Committee ; three 
Doorkeepers ; four Pages ; three Laborers ; one Keeper of 
Speaker's room ; two Porters ; one Mail Carrier ; and no others. 

Sec. 20. The Bill Clerk, Doorkeepers, Laborers and Pages oj^ted'^'cierks 
of each House shall be under the control and supervision of ^J^^^ un^d'e^r 
the Sergeant-at-Arms of the House to which he is appointed, '^eant°at°Arais^' 

and shall obey all reasonable orders made by him, and the sal- salaries o f. 

aries of the appointed Clerks and attaches of the General As- j'^|^'^ ^^^" 

sembly shall be as follows : Assistant Clerk of the Senate and 

of the House of Representatives, two hundred and fifty dollars, 

each; Journal Clerks, each, four dollars per day during the 

session of the General Assembly, and four dollars per day for 

each day's work after adjournment, not exceeding twenty 

days ; Bill Clerks, each, four dollars per day. 

In case of an extra session of the Legislature, the Assistant 



2^ CIVIL CODE 

A. D. 1902. ■ 

^— '^v'*^ Clerks shall receive the same pay as members of the General 

Assembly. 
Solicitors to ggg 21. The Circuit Solicitors, or so many of them as are 

attend sessions ' J 

i°n ^r'e'^aration ^^^™^^ ncccssary by the Attorney General, shall attend the 

°^ -^<=^^- sessions of the General Assembly, and shall, under his direc- 

s ^21^' xvif ' ^^°"' assist the Attorney General in drawing and in supervising 
£90. ^jjg engrossing of all Bills, and in the enrollment of all Acts 

and Joint Resolutions of each session ; shall see that the work 
is done neatly, promptly, and correctly ; and one of the said So- 
licitors shall certify upon each Act, before it is ratified, that it is 
correctly enrolled. 

The Attorney General shall employ such clerical assistance, 

in drawing, engrossing, and enrolling Bills, Resolutions, and 

Acts, as he may deem necessary. 

Qualification gcc. 22. No pcrson, holding or exercising the duties of any 

ment of offi- office in this State, and no person not a permanent resident 

cers and at- ' r r 

tachees. of this State, shall be eligible to election or appointment to any 

G. s. 22; R. of the offices or positions provided for in this Chapter. 
296. ' Sec. 23. All persons elected or appointed under the pro- 

Compensation visions of this Chapter shall receive such compensation as the 

of officers and ^ 

attaches. General Assembly shall determine; in no case to exceed the 

G. s. 23; R. compensation of a member, except the Clerks of the Senate 

S. 23; lb., 294' . 

and of the House of Representatives, whose annual salary is 
provided for by law, and except also the Circuit Solicitors, who 
shall each receive the same per diem and mileage as a member 
of the General Assembly. 

i^i^s^t^ of such Sec. 24. All officers making any of the appointments pro- 
be filed withyided for in this Chapter shall forthwith, when each appoint- 

_ r-ment is made, furnish a correct list thereof to the Clerks of 

G. S. 24; R. ' 

s. 24; 7^ the two Houses respectively ; and a copy of the same, together 

with a list of the officers or attaches elected by the two Houses, 

shall be filed by the said Clerks with the Treasurer of the State. 

Pay ccrtifi- gcc. 25. The Clcrks of the Senate and House of Repre- 

cates for mem- -^ 

^^rs. sentatives are authorized and directed to furnish each member 

s ^2 ^•' l^iv^' ^^ their respective bodies a pay certificate for the amount of 
310- his mileage and per diem, to include such dates as the General 

Assembly shall, by concurrent resolution, direct, 
si ned ^ ^ ° ™ Sec. 26. Such certificates shall be certified by the President 
~~G s 26- R ^^ ^^^ Senate, and attested by the Clerk of the Senate, for all 
s. 26; lb., members of that body, and by the Speaker of the House of 

Representatives, and by the Clerk of the same for all members 

of that body. 



OF SOUTH CAROLINA. 




Sec. 27. The subordinate officers and employees of the Gen- 
eral Assembly shall, in like manner, be furnished with certifi- p ^ ^ certifi- 
cates of pay in such amounts as shall be fixed by that branch of '^^'^^ °^ °^" 

ir J J cers and em- 

the General Assembly to which such officers and employees pioyees. ^ 



shall respectively belong: Provided, however, That the pa-y g ^' ?-j|7' ^' 
certificates for services common to the two Houses shall be 
signed by the President of the Senate, and countersigned by 
the Speaker of the House of Representatives. 

Sec. 28. The Clerks of the Senate and of the House of Rep- jJenf if'^^an 
resentatives on the day of the final adjournment of every ses- ^|'^*fy^^*g\ g*^ 
sion of the General Assembly shall furnish to the Comptroller ^^^"^1^*^^"^! 
General and State Treasurer, each, a statement of all certificates Treasurer. 
issued in behalf of their respective Houses, which statements s.*^2^' "xVlI 
shall show the numbers of the certificates issued, the amount in ^^s- 
each, and the person to whom issued, in the following order : 
I, of members of the General Assembly; 2, of officers and at- 
taches ; 3, stationery certificates ; 4, of contingent expenses. 

The Clerk of the Senate shall, in similar manner and at the 
same time, furnish the Comptroller General and the Treasurer, 
each, statements of all joint certificates issued on behalf of both 
Houses. 



ARTICLE II. 

Claims Against the State. 



Sec. 

29. How presented, considered 
and passed. 



Sec. 

30. When barred. 



Section 29. All claims for the refunding of overpaid taxes, How present- 

° . ^"i> considered 

or for repayment for services rendered or supplies furnished and passed by 

the State or any County, or for the payment of money on any Assembly . 

account whatsoever, requiring the action of the General As- G. s. 29, R. 
sembly, shall be presented by petition, fully setting forth the 459 ; ' i 8 8 5, 
facts upon which such claim is based, together with the evi- 
dence thereof, which petition shall be filed in the office of the 
Comptroller-General forty days before the meeting of the Gen- 
eral Assembly; and it shall be the duty of the Comptroller- 
General to examine each such claim so presented and to report 
on the same during the first week of the meeting of the General 
Assembly, recommending payment in whole or in part, or re- 
jection, in each instance, as in his judgment justice shall re- 



28 



CIVIL CODE 



A. D. 1902. 



^-""v-"*-^ quire, which report shall be acted upon as the two Houses, by- 
joint rule, shall provide. No claim for the payment of money 
shall be introduced into either House except as herein provided. 
After such claims have been reported upon, and passed by 
the General Assembly, they shall be delivered to the Committee 
of Ways and Means of the House of Representatives, who shall 
thereupon make provision for the payment thereof in the Ap- 
propriation Bill introduced by them. 
agS!° ''stSI ^®^- ^^' ^^^ claims against the State except the bonded debt 
men"^*^ P ^ ^ of the State shall be forever barred unless presented within 
—^-^-—-^ three years after the right to demand payment thereof accrues, 
s^ 30; XVII., And such claims shall also be forever barred if twice presented 
to the General Assembly or either branch thereof and rejected, 
or twice presented and withdrawn. 



ARTICLE III. 



Introduction of Measures for Private Purposes. 



Sec. 
31. 



32 



33. 



Must be by petition accom- 
panied by draft of Bill or 
Joint Resolution ; reference 
to committee. 

Special matter to be set forth 
in petition. 

Application for charter of 
railroad companies, etc., 
what must be stated ; notice. 



Sec. 



34. Other cases, merits and par- 

ticulars to be set forth ; no- 
tice. 

35. Bill to amend stock law en- 

tertained Only upon petition 
of majority of free-holders. 



309 



Must be by Section 31. No Bill to charter or incorporate, or to amend the 

peti 1 1 o n, ac- ^ ' 

com^anied by charter of any society, company organization, or body politic 
or Joint Reso-of any kind, or for the granting of any privilege or immunity 
ence to Com- or for any other private purpose whatsoever, shall be intro- 

— ^1 — r ^duced or entertained in either House of the General Assembly, 

' ' 5, XIX., except by petition, to be signed by the person or persons seek- 
ing to be incorporated, or by the corporators or their officers, 
or duly appointed agents, seeking an amendment of a charter, 
or by the person or persons seeking such privilege, immunity or 
other private grant or relief. The petition must be accom- 
panied in each instance by a draft of a Bill or Joint Resolution, 
as the case may be, to charter or incorporate such society, or- 
ganization or body politic, or to amend the charter thereof, or 
to grant the privilege or immunity, or to carry out the private 



OF SOUTH CAROLINA. 29 

A. D. 1902. 



purpose prayed for in said petition ; and, together with the said ^ y — 

draft of the Bill or Joint Resolution, shall be referred to some 
appropriate Committee of the House in which such petition is 
presented, to be acted upon by such Committee as hereinafter 
provided. 

Sec. 32. In case of an application for a charter or incorpora- Matters 



R. s. 32; lb. 



tion, other than of a railroad or canal company, the petition- 
shall state and set forth why the same cannot be obtained under 
the provisions of the General Statutes, in pursuance of the Con- 
stitution, relating to incorporations, and any other special rea- 
sons on which such charter or incorporation is sought. 

Sec. 33. In case of an application for the charter or incor- Application 

. ., , , 11 1 .for railroads, 

poration of a railroad, canal, tramway, plank road or turnpike canals, &c., to 

, , . \ . , ^ 1 . . , ,. state route. 

company, and the grant of the right of way therefor, m addi 

tion to the foregoing requirements of other charters or incor- 
porations, the petition shall set forth and describe approxi- 
mately the route proposed for the said projected road, and state q^^j. ^^^ 
where the said route will cross any existing railroad or in the *° ^* crossed, 
course of construction, and the said petition shall also be ac- 
companied by a plat or map delineating the same : Promded, ^^p- 
That in case of a railroad charter, the three months' notice re- ^j^^.^^ ,^0^^!^. 
quired by law shall be given before the application for a char- °'^*''^^- 
ter is made. 

Sec. 34. In any case other than that of a charter or incor- in other 

■^ cases, mer its 

poration, the petition shall set forth fully and distinctly the and particu- 
merits and particulars of the case, and if the same shall in any — —-- 

wise affect the rights of others directly who reside in this State, ^ . , ' 

° -^ Rights of 

such petition shall be accompanied with proof that the parties, others, 
so far as known, who may be affected merely, have had sixty 
(60) days' notice of the presentation of such petition before Notice. 
such petition is presented, and also that notice of the intention 
of the petitioner or petitioners to make such application has 
been published in a newspaper having the largest circulation 
published in the County where the privilege or immunity is to 
be enjoyed, once a week for at least three weeks, the first of 
which particulars shall be at least sixty (60) days before such 
petition is presented. 

Sec. 35. No Bill purporting to amend or alter the k.w regu- e|*f '^f°eeho1d- 
latiiig the fencing of stock in any portion of the State shall be l^gQ^-^sJ^o ^^k 

considered unless the same be accompanied by a petition for ^-^w. 

such amendment or alteration signed by a majority of the free- ^ g^- ^xi^' 
holders of the section to be affected by such amendment. 29s. 




CIVIL CODE 



ARTICLE IV. 
Special Provision as to Legislative Exactments. 



Sec. 

36. When they take effect. 

37. Effect of repeal. 



Sec. 

38. Construction of words. 



Legi™a^tive' en^ Sectioii 36. Xo Act or Joint Resolution passed by the General 
elect." ^ ^ ^ Assembly shall take effect or become of force until the twenti- 

G. s. 33: R. eth day after the day of its approval by the Executive, unless 
6g.^ ' ' '' some other day be specially named in the body of the Act or 

Joint Resolution as the day upon which it shall take effect, 
peal of Act. ^' Sec. 37. The repeal of an Act or Joint Resolution shall not 

G. s. TTTr^ revive any law theretofore repealed or superseded, nor any of- 

■ 37, - ■ 37- ^^^ therefore abolished. 

Addison v. Sugette, 50 S. C, 192; 28 S. E., 948. 

of^word^^^°'' Sec. 38. The words "person" and "party," and other word 
Q s 3.. j^ or 'words importing the singular number, used in any Act or 

^- ^^" Joint Resolution, shall be held to include firms, companies, as- 

sociations and corporations, and all words in the plural number 
shall apply to single individuals in all cases in which the spirit 
and intent of the Act or Joint Resolution may require it. All 
words in an Act or Joint Resolution importing the masculine 
gender shall apply to females also, and all words importing the 
present tense shall apply to the future also. 



OF SOUTH CAROLINA. 31 

■ A. D. 1902. 



CHAPTER III. 

The Public Printing. 

Sec. 



52. State Board of Health ; print- 

ing and publication, how 
paid for. 

53. Departments, etc., report cost 

of printing to Comptroller- 
General to be embraced in 
his Annual Report. 

54. How, and by whom, faithful 

execution of printing for 
each House certified, &c. 

55. Indexing and making mar- 

ginal notes to Acts and 
Joint Resolutions, by whom 
done and allowance there- 
for ; general and special 
laws, how arranged for pub- 
lication. 

56. Public printing, how paid for. 



Sec. 

39. State Printer ; how elected ; 

term of office. 

40. Bond of. 

41. Vacancy, how filled. 

42. How laws. Journals, Reports, 

etc., to be printed. 

43. Reports, how printed. 

44. Standard of measurement. 

45. Contents of Reports. 

46. How Bills and Joint Resolu- 

tions printed. 

47. Publication of Acts, etc., reg- 

ulated. 

48. Printer to set work compactly. 

49. His bills, how verified and ap- 

proved. 

50. One Report not to be re- 

printed in another. 

51. Manuscript for printer ; size 

of sheets. 

Section 39. The Clerk of the Senate and the Clerk of the. P-jbiic print- 

ing regulated; 

House of Representatives (or in case of death or disability of P"nter, how 

t^ ^ _ -' elected, term 

either, the survivor of them) shall immediately upon the ap- °^ Q^ge- ^c- 
proval of this Act, and thereafter on the first day of every al-^g-^- x\i^i' 
ternate regular session of the General Assembly, commencing 7°°; § ^■ 
with the regular session of the year 1900, cause to be published 
for the period of ten days, in one daily paper in each of the 
cities of Charleston, Columbia and Greenville, a call for sealed 
proposals to do the public printing for the General Assembly 
and for the several State officers, as follows : 200 copies per 
day Senate Calendar, at a price not to exceed 90 cents per page ; 
200 copies per day House Calendar, at a price not to exceed 90 
cents per page; 200 copies per day Senate Journal, at a price 
not to exceed 90 cents per page ; 200 copies per day House Jour- 
nal, at a price not to exceed 90 cents per page; 50 copies per 
'day Senate Resolutions, at a price not to exceed 72 cents per 
page; 150 copies per day House Resolutions, at a price not to 
exceed 72 cents per page; 50 copies per day Senate Bills, at a 
price not to exceed $1.10 per page; 150 copies per day House 
Bills, at a price not to exceed $1.18 per page; 1,500 copies of 
Governor's Message, at a price not to exceed 68 cents per page ; 
600 copies Report of Comptroller General at a price not to ex- 
ceed 90 cents per page; 300 copies reports of other State of- 
ficials, at a price not to exceed 84 cents per page ; 2,500 copies 
Acts and Joint Resolutions, at a price not to exceed $3.50 per 




CIVIL CODE 



page; 500 copies Senate Journal, at a price not to exceed 92 
cents per page ; 500 copies House Journal, at a price not to ex- 
ceed 92 cents per page ; 500 copies Reports and Resolutions, at 
a price not to exceed 74 cents per page; rule and figure work 
a price and two-fifths ; and all other works not embraced in the 
above schedule to be done at figures corresponding to those 
which shall be accepted under the contract awarded. The pro- 
posals shall state at what price per page the bidder will execute 
the several classes of work, respectively, and what additional 
charge per page he will make for rule and figure work. The 
clerks of the two houses shall furnish bidders with specifica- 
tions of the different classes of printing to be done. Proposals 
for the public printing, enclosed in an envelope, sealed with 
wax, and endorsed "Proposal for the public printing," shall be 
filed with the Secretary of State within the ten days of the ad- 
vertisement for proposals ; and said proposals shall be opened 
by the Chairman of the Committee on Printing of each House, 
in the presence of said committees jointly; and the contract 
shall be awarded by said Committee on Printing, on the last 
day of the session, to the lowest responsible bidder. Said award 
subject to the approval of the Senate and House of Representa- 
tives. 
Bond of Pub- Sec. 40. The party to whom the contract for the public print- 
'■ — insf shall be awarded shall on or before the first day of July 

lb ^ 2. . . 

next after such award give bond, with sufficient sureties, in the 
sum of ten thousand dollars, for the faithful performance of 
the work ; said bond to be approved by the Governor, the At- 
torney General and the State Treasurer. 
Vacancy, how Scc. 41. If by reason of death or any other cause the party 

£H!£: to whom the contract for public printing shall have been 

^^" ^ ^' awarded shall fail to undertake the work thereunder or shall 
fail to give bond in due time, it shall be the duty of the Gov- 
ernor, the Comptroller General, the Attorney General and the 
Secretary of State, acting as Commissioners of Public Printing, 
to call for proposals for said printing, and to award the con- 
tract therefor to the lowest responsible bidder, subject to all 
the conditions and regulations hereinbefore set forth. 
How laws, Sec. 42. The laws, journals and all other printing in book 
printed^ ° ^form, shall be set in long primer type, in pages to contain at 
G. s. 32; R. least one thousand seven hundred ems each. All rule and figure 
■' '^'^' work accompanying the Acts, journals and reports and resolu- 

tions, to be in the same type as the body of the work ; the side 



OF SOUTH CAROLINA. 




and foot notes to be in minion or nonpareil type, and the in- 
dexes to be in brevier or long primer type. 

Sec. 43. Heads of departments and other officials having re- in what man- 

r 1 ner r e p o r t s 

ports to make to the General Assembly shall not hereafter have shall be print- 
the right or authority to designate to the Public Printer the ' ■ 

. , . • 1 • J 1896, XXII., 

particular type in v^hich each part of their report is to be printed 203. 
or the manner in which it is to be set up, but the said Printer 
shall be required to set up and print all such reports in as cheap 
a manner as is consistent with the public welfare, and the com- 
pensation therefor shall be on the basis of the long primer page 
of not less than one thousand seven hundred ems. 

Sec. 44. When any part of the said Report is set in other standard of 

■> r iT measurement. 

than the Long Primer type, the compensation therefor shall be —^ — ^^vm" 

determined by the relation which the types bear to each other, 871. 

the work being counted for as many pages as one thousand 

seven hundred is contained in the number of ems of the type 

used. 

Sec. 45. Heads of the various departments and boards in Contents of 
making their reports shall only give statistical matter and their ^g 5 xxii 
recommendations in as brief form as possible, and the Railroad 202, § i. 
Commissioners shall not print the general correspondence of 
their office, railroad schedules, classification of freight, freight 
or passenger rates, but shall make their report in as concise and 
brief manner as may be compatible with the public welfare. 

Sec. 46. Bills and Joint Resolutions of the two Houses shall ^ .b i 1 is and 

-' Joint Kesolu- 

be printed in pica type, each line slugged or regletted to the t i.o n s ; how- 
space of one line pica type, printed in pages of thirty-six ems ^ ^ — ^7— 
of pica type in width and fifty-eight ems of pica type in length, s. 46. 
including the folio and foot line, the lines to be numbered ac- 
cording to Sections. . ^ . 

° Actsand 

Sec. 47. Acts and Joint Resolutions of the General Assem-J9int Resoiu- 

•' tions;how 

bly of this State shall be published without other head lines printed. 

than the title of the Act or Joint Resolution, and nothing ^R- s. 47; 

I o o 0, AlA.y 

shall be appended after the last Section thereof except the date 310. 
of the Governor's approval. Not more than one inch of 
space shall be allowed between the ending of one Act or Joint 
Resolution and the beginning of the next Act or Joint Resolu- 
tion, (except where an Act or Joint Resolution ends within two 
inches of the bottom of the page) ; an'd there shall be no charge, No pay for 
by, or payment to, the State Printer for any unnecessary fat 
in the publication of said Acts and Joint Resolutions. 

In the publication of the Reports of the various officers re- 

3-C 




CIVIL CODE 



quired by law, there shall be no additional title pages nor any 
Printing^^of ]-,iaj^l^ pages after the title page, unless such blank pages shall 
regulated. be neccssary, from the insertion of a tabular statement which 
cannot be published upon the regular pages of Report and is 
folded within such Report. All matter included in such 
Reports, whether reading or figures or tabulated, shall be com- 
pactly published, with no more intervening space than is neces- 
Compac 1 1 y gg^j-y for the character of the work directed to be done, and no 

published. J ' 

page shall be taken up by a mere statement of the Report which 

is to follow. No unnecessary fat shall be allowed in publishing 

these Reports. 

Public Print- Scc. 48. The Public Printer shall, in publishing or printing 

compactly. any other kinds of State work, of whatsoever character, set the 

R. s. 48; lb. same as compactly and within as little space as the character 

of the work will permit. 
Public Print- Sec. 49. The Public Printer shall, with each bill rendered by 
bills. ° ^^" ^ him for public printing, upon oath certify that the provisions 
R. s.llTib' oi this Act have been complied with in such work; and no such 
bill shall be paid until the work has been done, and a copy 
thereof filed with and examined by the Comptroller General, 
and his approval of the work and of the amount of the account 
endorsed on such bill, except bills for the current printing of 
troiier General the two Houscs, which shall be likewise examined and ap- 
o approve. pj-^yg^j j^y ^^e respective Clerks of the two Houses, upon sworn 
accounts filed with them, before such bills shall be paid. 
One Report Sec. 50. No State officer shall embrace in his Report the Re- 
braced in ot™- port of another State officer which is required to be published 
— by law, but he may make such reference thereto as may be ne- 
cessary, to embrace a brief recapitulation thereof, when neces- 
sary to the proper understanding of such Report. 
^ Size ^of^ paper gee. 51. In preparing the manuscript for the Public 

— ^^ — ^ Printer, the State officers and Superintendents of public insti- 

1884, xviii.', tutions shall use sheets of paper eight by ten inches in size, or 
legal cap, arranging it in such shape as will have due regard 
to the contents of the printed page. 
stSe Bolfd^of ^®®- ^^- ^^^ printing done or Reports published by the State 

Health. Board of Health shall be paid for out of funds appropriated to 

R. s. 52; lb. or belonging to that Department, and not otherwise. 
^Annual Re- gec. 53. Each Department of the State Government, or per- 
-^-^ — .-^son required by law to have printing done at the public ex- 
pense, shall report annually to the Comptroller General the cost 
of such printing so done by such Department or persons, and 



OF SOUTH CAROLINA. 




such amounts consolidated into one table shall be included in 

the Annual Report of the Comptroller General. lated by Comp- 

Sec. 54. The faithful performance of the printing for each erai. 
House shall be certified by their respective presiding officers Certificate as 
and Clerks : Provided, That in the absence of said officers each House, 
from the seat of government, the Secretary of State, to whom g. s. 32; r. 
the work may be delivered, shall certify to its proper execution : 
Provided, further. That a specimen copy of each class of work, 
with the accounts of the same verified by affidavit, be filed in 
the office of the Comptroller General. c 

The Clerks of the two Houses shall furnish the Printer cor- 
rected journals daily for the permanent printing. 

Sec. 55. The indexing and making marginal notes of Acts indexing and 

° CO making margi- 

and Joint Resolutions shall be performed by the Code Com- nai notes to 

-' . . Acts and Joint 

missioner. It shall be the duty of the editor or editors charged Resolutions, by 

-^ "-^whomdone 

with the preparation of the Acts and Joint Resolutions for pub- and allowance 

... . . . therefor; gen- 

lication, in addition to indexing and making marginal notes erai and spe- 

° ° *^_ cial laws, how 

thereof, to arrange the same for the Printer according to the arranged for 

' <-> c publication. 

subject matter thereof, so that all general laws and Joint Reso-— r— r — — 
lutions shall be collected and bound together separately in the s. ss; i 889, 

, ^ ^ ■' XX.. 280; 1892, 

first part of the volume, and be entitled "General Laws and xxi 23; looi, 

XXj.11., 098. 

Joint Resolutions ;" and all Acts relating to matters other than 



public shall be collected and bound together in the latter part 
of the volume, and be entitled "Special Acts and Joint Reso- 
lutions," and also to index the same in one index. And all local 
Acts and Joint Resolutions shall be arranged according to 
Counties in alphabetical order. 

Whenever an Act or Joint Resolution of a previous session e„£''°®Q ""^ar- 
is amended, repealed or referred to, a reference shall be made s»n- 
in the margin to the volume and page of the Statutes at Large 
where such Act or Joint Resolution is to be found. There shall lj^^ ^^ ^^^^_ 
be printed in alphabetical order as an appendix to the Acts and ters, how print- 
Joint Resolutions of every regular session the list of charters ~7^g^ 5^^ 
granted by the Secretary of State for the then next preceding l-^x.,' sj.^ ^ ^' 
fiscal year, such list to be printed in the same type as the body of 
the Acts, embracing only the name of the corporation in small 
caps, to be followed in lower case, and without paragraphs, 
with the location and purpose of the corporation, amount of au- 
thorized capital stock and date of charter. . PuWic print- 

■^ _ ing, how paid 

Sec. 56. The Comptroller General is hereby authorized andfof; 

directed to draw his warrant, and the State Treasurer to pay „ g. s. 56; r. 

. -^ ^-S^)', 1890, 

the same out of any moneys in the State Treasury not otherwise x^., 710. 



CIVIL CODE 



36 

A. D. 1902. 

'^^^^■V"^^ appropriated, for the public printing, upon the production of 
proper vouchers, which shall consist of copies of the temporary 
printing executed, and signatures of the permanent printing as 
the work progresses. 

In no fiscal year shall the Comptroller-General draw his war- 
rants or the State Treasurer pay same for an aggregate amount 
20^ ^^f'-''^^^^"' ^'-'^ printing in excess of the sum of twenty thousand dollars un- 
less a larger amount has been appropriated, in which case such 
warrants shall not exceed the appropriation. 



Approp r i a- 
tion; not to be 
exceeded. 



CHAPTER IV. 



Sec. 



The Statutes. 

Sec. 



57. To provide for binding laws, 

&c., for distribution and ex- 
change. 

58. To deliver permanent work to 

State Librarian for distribu- 
tion. 

59. Distribution of Acts. 



60. To whom distributed. 

61. Revised Statutes and Code ; 

how amended. 

62. Code Commissioner to be 

elected. 

63. Duties of Code Commissioner. 

64. Preparation of Code. 



To provide Scctioii 57. A Sufficient number of the Journals, Reports and 

for binding of 

Laws, J our- Acts of the General Assembly, for the use of the members of 

nals, &c. 

— — — — the General Assembly, and for the State Librarian to make the 

G. S. 37; R. 

s. 58; lb. exchanges with other States, shall be bound in a good and sub- 
stantial manner ; and the Clerk of the Senate and the Clerk of 
the House of Representatives are authorized to have the same 
done immediately upon the close of the session, or as soon there- 
after as practicable. 
To del i V e r gcc. 58. On the completion of the permanent work, they shall 

permanent ^ '^ _-^ 

work to State deliver the same to the State Librarian, who shall forward, by 

i-ibranan, who ' ^ -^ 

shall distribute niail or Otherwise, as he may deem expedient, a copy thereof 

to persons en- ' -' ir ' rj 

titled by law to each of the members of the General Assembly, and a copy 

to receive cop- ■' '■ -^ 

'gs- ^of the Acts and Joint Resolutions to the different States, insti- 

G. s. 38; R. tutions, and officers entitled by law to receive the same. 

S. 59; lb. ' -' 

„,. . , Sec. 59. The Acts of each session of the General Assembly of 

When to be -' 

printed. this State shall be printed, bound and delivered to the keeper 



18^' ^'xx'°^ ^^^ Legislative Library, ready for distribution, within thirty 
335- days from the adjournment sine die of each of its several ses- 

sions, whether annual or extra, and the said keeper of the Leg- 
ut^"*^ *^'^*"'' islative Library shall within five days thereafter deposit in the 
mail or express one or more copies thereof, addressed to each 



OF SOUTH CAROLINA. 




officer, person or corporation as now provided by law, and as 
hereinafter prescribed. 

Sec. 60. Copies of the Acts and Joint Resolutions shall be ^^d^Ts o'^'u- 
distributed as follows : - lrii/trib°uted' 

1. To the Legislative Council of the Province of Quebec, q g ^q. r 
Canada, one copy. fslL' ^xviii.', 

2. To each Circuit Judge, one copy. ^^x .,' VsV; 

3. To each Solicitor, one copy. 1076'; ^^97, 

4. To each Clerk of Court, one copy. xxii., 458. 

5. To each Judge of Probate, one copy. 

6. To each County Sheriff, one copy. 

7. To each County Auditor, one copy. 

8. To each County Treasurer, one copy. 

9. To each County Superitendent of Education, one copy. 

10. To each County Supervisor, one copy. 

11. To the Supreme Court at Columbia, one copy. 

12. To each Magistrate in the State, one copy. 

13. To each of the chartered Colleges of the State, one copy. 

14. To the Library of the Legislature, one hundred and fifty 
copies. 

15. To the University of South Carolina, two copies. 

16. To the Charleston Library, two copies. 

17. To the Governor of each State of the Union, for the use 
of the State, one copy. 

18. To the Legislature of each State, one copy. 

19. To the Library of Congress, two copies. 

20. To heads of Departments at Washington, for the use of 
their Departments, one copy. 

21. To the Historical Society of New York, one copy. 

22. To the Athen^um, Philadelphia, one copy. 

23. To the Library of Harvard University, Cambridge, one 
copy. 

24. To the Yale College Library, one copy. 

25. To the Libraries of the University of Virginia and Ala- 
bama, one copy each. 

26. To the Colleges at Athens, Ga., Princeton, and Chapel 
Hill, N. C, one copy each. 

27. To the Athenaeum, Boston, one copy. 

28. To the Committee of Public Records, London, one copy. 

29. To the London Museum, one copy. 

30. To the King's Library, in Paris, one copy. 

31. To the University Library at Heidelberg, one copy. 



38 CIVIL CODE 

A. D. 1902. ■ " 

^-^-v-^-^ 32. To the Royal Library at Berlin, one copy. 

33. To the University Library at Gottingen, one copy. 

34. To the Historical Societies of South Carolina, Maryland, 
Virginia and Pennsylvania, each one copy. 

35. To each Master, one copy. 

Amendments Scc. 61. Whenever in any Act heretofore or hereafter passed 
^%ference to reference is made to the Revised Statutes or this Code for the 
utes or this purposc of altering, amending, adding to or repealing any part 

'—;-^ thereof, such reference, alteration, amendment, addition or re- 

^ ^ ' ' " ' peal shall be construed to apply to the original law purporting 

to be revised in said revision as fully and specifically as though 

such original law were mentioned in the Act containing such 

reference, alteration, amendments, addition or repeal. 

Code Com- Scc. 62. A Codc Commissioner shall be elected by the Gen- 

missioner to ,,,- r r ii>i 

be eiecetd ; eral Assembly of iQii, for a term of ten years and his salary 

term; salary. , ,, , - , , , , ,, 11 1 

—shall be four hundred dollars per annum, payable quarterly, 

1901, XXIII., ,,_,,T-, CI/— 11/— 

697- by the State Treasurer on the warrant of the Comptroller Gen- 

eral : Provided, That the Code Commissioner elected at the 
session of the General Assembly for 1901 shall hold office for a 
term of ten years and shall receive a salary of five hundred dol- 
lars for the fiscal year, commencing January i, 1901, and there- 
after annually until the expiration of the term of his office a 
salary of four hundred dollars, to be paid quarterly by the State 
Treasurer upon the warrant of the Comptroller General. In 
case of a vacancy from any cause, the General Assembly shall 
as early as practicable elect a Code Commissioner for the unex- 
pired term. 
Duties. Sec. 63. It shall be the duty of said Code Commissioner, 

To revise Re- -^ _ it. 

port of prede- immediately after his election to examine the report made by 

cessor, &c. -^ i i i • r 

his predecessor in office to the General Assembly and, if any, 
correct all errors appearing in the revision submitted with said 
report; supply all omissions; omit redundant and obsolete en- 
actments, and such as have no influence on existing rights and 
remedies; and to reduce the public statutes of this State, in- 
clusive of such as are passed at the present session, into as con- 
cise and comprehensive a form as is consistent with clear ex- 
inde^ same, pression of the will of the General Assembly ; and, in addition 
thereto, he shall prepare indices and cross indices to said codi- 
fication, publishing the same in the appropriate volume as here- 
inafter provided, note by annotation the decisions of the Su- 
Annotate same P^cme Court of the State of South Carolina under the different 
Sections of the statutes codified as herein provided, and also of 



OF SOUTH CAROLINA. 




the Constitution of 1895 of said State, and rules of Court as 
herein provided to be published ; annex to the volume contain-jj^^J" ^^' p " ^- 
ing the general laws a list of all general public statutes repealed 
since the enactment of the General Statutes of 1882, giving the 
title, and date of approval, of the repealing Statute ; and he 
shall annually prepare for publication, as soon after the ad- 
journment of the General Assembly as practicable, the statutes^^.t'^^fP/^j)^^^ 
and joint resolutions passed at the preceding session, dividing'^'^^-'"'^- 
the same into such as may be of a general and permanent kind 
and such as may be local and of temporary nature, with a cor- 
rect index and cross index of same ; and that he also publish 
with such statutes, alphabetically arranged and with date of 
granting same, a list of all charters granted by the Secretary of 
State. He shall annually report to the General Assembly, at Annual Re- 
each session, all changes made in the Statute law embraced in^"*"** 
the Code at its previous session, together with a note of or 
reference to the decisions of the Supreme Court, on the Sec- 
tions of said Code published during the current year, said re- 
port to be annually published by the State Printer in such form 
as the Code Commissioner may prescribe. 

Sec. 64. The Code Commissioner shall collect and revise a-ll^^P^^^^" " ^ ^ ^ 
the General Statute law of the State now of force, as well as ^g g j^-j^jj " 
that which shall be passed from time to time, and to properly^- 
index and arrange the said Statutes when so passed. He shall * 

also reduce into a systematic Code the General Statutes, in- 
cluding the Code of Civil Procedure, with all the amendments 
thereto, and shall on the first day of the session for the year 
nineteen hundred and eleven, and at the end of every subse- 
quent period of ten years, report the result of his labors to the 
General Assembly, with such recommendations and suggestions 
as to the abridgement and amendments as may be deemed ne- 
cessary and proper. The said report, when ready to be made, 
shall be printed and laid on the desks of the members of both 
houses of the General Assem.bly on the first day of the first 
session, but shall not be taken up for consideration until the 
next session of the General Assembly. 

The Code thus prepared by the Commissioner shall be de-^^^^°^^^j^|J^°^ 
clared by the General Assembly, in an Act passed according to — ~ — 5^^ 
the forms in the Constitution of 1895 for the enactment of laws,^""*- ^^^ § s- 
to be the only general statutory law of the State, and no al- 
terations or additions to any of the laws therein contained shall 
be made except by Bill passed under the formalities required in 
the said Constitution. 




CIVIL CODE 



CHAPTER V. 

Reports and Documents and Committees to Examine State 
Offices and Penal and Charitable Institutions. 



Sec. 



65. Time for making reports to 

General Assembly. 

66. When reports must be handed 

the Printer, and when he 
must have them ready for 
the General Assembly. 

67. Persons disbursing public 

money must publish. 

68. Persons having the distribu- 

tion of the public money 
must report annually to 
Comptroller General. 

69. Public officers having evi- 

dences of indebtedness to 
the State must report to the 
Comptroller General. 

70. Comptroller General to make 

report to General Assembly 
of all debts due the State. 

71. Secretary of State to report 

to General Assembly all cor- 
porations formed under gen- 
eral corporation Act. 

72. Annual report of State Super- 

tendent of Education. 

73. State Superintendent to con- 

solidate reports of County 
Superintendents and forward 
them to General Assembly. 

74. Annual report of Directors of 

the State Penitentiary. 



Sec. 
75 



Attorney 



Annual report of 
General. 

76. Annual report of Regents of 

the State Hospital for the 
Insane. 

77. Commissioners of the Deaf 

and Dumb and the Blind to 
report annually. 

78. Accounts of Treasurer to be 

examined in January and 
February annually by Joint 
Committee of Senate and 
House. 

79. Duties of Committee, and re- 

port. 

80. When to make examination. 

81. Committee to examine books 

of penal and charitable in- 
stitutions. 

Committee to examine into 
work of Code Commissioner. 

Census Commission. 

84. Commissioners of Sinking 

Fund to make annual report. 

85. Railroad Commissioners to 

make annual report. 

86. County Commissioners to re- 

port in detail annually ; 
penalty. 

87. Health officers to keep records 

and report monthly. 



82 



83 



Time for 
making reports 
to General As- 
sembly. 

G. S. 41; R. 
S. 62; XV., 
457- 

When Re- 
ports to be 
handed to 
Printer. 

R. S. 63; 
1896, XXII., 



When to be 
printed. 

Forfeiture. 



Section 65. The Comptroller General and all other officers re- 
quired by law to report annually to the General Assembly shall 
make such report on or before the twentieth day of January in 
each year. 

Sec. 66. All State officers are required to place their Reports 
in the Printer's hands by the tenth day of January, except 
the Comptroller General and State Treasurer, who shall place 
their reports in the Printer's hands on the twentieth day of Jan- 
uary, and the Printer is required to have Reports printed 
and ready for delivery on the day of the meeting of the General 
Assembly, and on his failure to have such Reports ready he 
shall forfeit five dollars ($5.00) per day on each Report de- 
layed: Provided, That the Public Printer shall not be subject 
to said forfeiture when the State officers do not place thei*- Re- 
ports in the Printer's hands on the day required. 



OF SOUTH CAROLINA. 




Sec. 67. Every person authorized to disburse any funds for 
the State shall publish in some newspaper of general circula- , Persons dis- 

^ _ _ -^ ^ ° Dursing public 

tion in the County in which such disbursement is authorized to ^°PS\ must 

-^ _ publish. 

be made, a monthly statement of all funds received and the ddte ^ ^ — 

. . G. S. 43; R. 

of such receipt, and of all funds paid out, to whom, and on S- 64; xvi., 
what account. 

Sec. 68. All persons having the distribution of public money . Persons hav- 
shall quarterly, to wit, on the last days of October, January, tion^of p^^ic 
April and July, in each and every year, render to the Comp-[«P°''t ^"^^^^^ 
troller-General an account setting forth the funds committed ler-Generai. 
to them, respectively, and the disbursement of them. s^'6^"-'*'\^?' 

Sec. 69. All public officers having in their possession the evi-s^^; 1890. xx., 
dences of any debts due to the State shall, on the last day of De- -p^^y^^ officers 
cember in every year, furnish the Comptroller-General with a ^ a v i n g eyi- 

-> •' ' IT dences of in- 

statement of all such debts, showing the names of the debtors, debtedness t o 

' _ ° ' State must ra- 

the amounts of the debts, the interest, the payments made, andpo^^^ *g nerS 

the balance due to the State. And in case of failure on the „ ^ — 

Lr. a. 45 ; K. 

part of any public officer to furnish the Comptroller with the S- 66; vi., 108; 
statement aforesaid, he shall forfeit and pay the sum of two 204. 
hundred dollars, to be recovered in any Court having competent 
jurisdiction. 

Sec. 70. The Comptroller-General shall make a statement of ^ o mptroiier- 

^ Generalto 

all debts due the State and lay it before the General Assemblv J?^^^ report to 

■' - G e n e r al As- 

with his Annual Report. sembiy of aii 

^ debts due state. 

Sec. 71. The Secretary of State shall annually prepare, cause „ — ^7^ 
to be printed, and submit to the General Assembly a true ab- S- 67; ib. 
stract from the certificates deposited with him by corporations 
formed under the law regulating the formation of corporations. ^^^^^^^^ °^l 
Said abstract shall contain, under proper headings, the cor- to General As- 

^ ^ ° sembly abstract 

porate name of said corporation, the date of its charter, the of corporations 

•■^ ^ ' ' formed under 

purposes for which it was incorporated, the names of its cor- general laws. 
porators, its location and amount of capital stock, together with g^g.^f^f^j'gg^' 
such remarks as he may deem necessary ; said abstract shall be xviii., 447- 
published as an appendix to the Acts and Joint Resolutions of 
the session of the legislature to which such abstract is submit- 
ted, and the names of all corporations therein contained shall ^^^^f^^^^ 
be included in the index to the said Acts and Joint Resolutions, f ^ p e ynten- 

•' dent of Educa- 

Sec. 72. The State Superintendent of Education shall make;t^^f^ 

his report through the Governor to the General Assembly at g g^ s. 4|; R- 
each regular session thereof in the manner required by law. ^ i v., ^3^ 2; 

Sec. 73. It shall be the duty of the State Superintendent of 574- 
Education to consolidate the reports received from the County 




CIVIL CODE 



Superintendents of Education, and to forward them to the 
in^*n*d e n"t ?o General Assembly at its next regular session. 
po?ts°"f^Coun: Sec. 74. The Directors of the State Penitentiary shall make 
denfs" anTfo?- an* annual report to the Governor, on or before the first day of 
General ASem° January in each year, of the state and condition of the prison, 

^^ the convicts confined therein, of the money expended and re- 

S.*^7of' i^i'esiceived, and, generally, of all the proceedings during the last 
XIV., 23. year, to be laid before the General Assembly. 
port°o"^Direc- Scc. 75. The Attorney General shall annually make a report 
Stete^ Penitent to the General Assembly of the cases argued, tried, or con- 

^^^'^" ducted by him in the Supreme Court and Circuit Courts during 

S.^7ifib°j 9^! the preceding year, with such other information in relation to 
1896, XXII., ^j^g criminal laws, and such observations and statements, as, in 

his opinion, the criminal jurisdiction and the proper and eco- 
port'^of^^Attor- nomical administration of the criminal law warrant and require. 
ney General. gg^^ ^q j^ ^^^^ l^g ^^^ ^^^^ q£ ^^^ Regents of the State Hos- 

s.*^72f'xV^',pital for the Insane to report annually to the Legislature the 
^^' state and condition of the institution, fully and particularly; 

port^^of R^-and they shall also annually report to the Comptroller-General 
itatl Hospitl! the amount of income of said institution, and the amount of ex- 
for th e Insane, pgnditures. and the items thereof. 

s.^V3';^^/L; Sec. 77. The Commissioners of the Deaf and Dumb and the 
^^^' Blind shall annually report to the Legislature an exact state- 

e r^°"of ^^'the "^si^t of their various proceedings during the past year, showing 
Dumb^ and the P^scisely how they disbursed the money expended, the names 
port'^an^nuaiiy! o^ the pcrsous who havc received the bounty, the ages and 

G. .s. 53- R. places of residence of such persons, and information as to their 
707.'''^' '^^^" progress, which statement shall be accompanied by the A^ouch- 
ers of all sums expended. 

Accounts of Sec. 78. The accounts of the Treasurer of the State shall be. 

Treasurer to 

be exami n e d annually, closcd on the thirtieth day of December, and shall 

in January 

and February be examined during the months of January and Februarv m 

annually, by , ^ . ... ,'- 

Joint Commit- each vcar, by a Joint Committee, consisting of one member of 

tee of Senate , _' , r , x-r r -r-. ■ -l 

and House, the Senate and two of the House of Representatives, to be ap- 
G. s. 54, R. pointed by a Concurrent Resolution of the two Houses of the 

16. '1896', General Assembly, at the session previous to said time of ex- 
amination in each year. 
Examination Sec. 79. Such Committcc shall examine the accounts, the 

of Treasurer's . ... , ., j. 

books; how vouchcrs relating to all moneys received into and paid out oi 

'- the Treasurv during the vear ending on the thirtieth of Decem- 

S. 76. ' ' ' ' ber preceding such examination, and shall certify and report 
to the General Assemblv at its next session after the said thirti- 



OF SOUTH CAROLINA. 




eth day of December the amouPxt of moneys received into the 
Treasury during such year; the amount of moneys paid out 
of it during the same period by virtue of warrants drawn on 
the Treasury by the Comptroller-General or any other officer; 
the amount of moneys received by the Treasurer who shall be 
in office at the time of such examination when he entered upon 
the exercise of the duties of his office; and the balance in the 
Treasury on the thirtieth day of December preceding such ex- 
amination. They shall also report as to the operations of the 
Commissioners of the Sinking Fund, including the moneys re- 
ceived and disbursements made by them. 

Sec. 80. The Joint Committee of the General Assembly, the of accounts of 
duty of which is to examine the accounts of the State Treas- officers. 
urer. Comptroller General and the Commissioners of the Sink- 1900, xxiii., 
ing Fund, shall begin the examination of said accounts as soon 
as practicable after the end of each quarter of the year. 

Sec. 81. The accounts, vouchers and books of the penal and Committee to 

' '^ examine books 

charitable institutions shall be examined during the month of °[ p^"^| ^^^ 

o charitable in- 

December of each year by a Joint Committee of one Senator, ^*i'^'^*^°P^' 

-'-'-' ' when and how 

who shall be recommended by the Senate Committee on Charit- appointed 
able Institutions, and two members of the House of Representa- ^^97. xxii., 
tives, who shall be recommended by the House Committee on 
State Hospital for the Insane, to be appointed by a Concurrent 
Resolution of the two houses of the General Assembly at the 
session previous to said time of examination in each year. 

The said Committee shall examine the accounts, the vouch- duties of 
ers relating to all moneys received into and paid out during the Committee, 
preceding year and the books of said institutions, and shall 
certify and report to the General Assembly at its next session, 
after the said examination is made, the amount of money paid 
out during the year, and any other matters relating to the man- 
agement of said institutions. 

Sec. 82. At each session of the General Assembly a Joint ^^^^ "comm'is^ 
Committee consisting of three members shall be appointed, |xam[ned° ^^ 
whose duty it shall be to inquire into the progress of the Code ^g^g^ xxii.. 
Commissioner in the work and to make a report to the two ^• 
houses. 

Sec. 83. When the census takers shall have made returns, jn^|s"o"^ ^°"' 
the Secretaryof State shall forthwith report the results of such ^ g ^g. j^_ 
registration to the Governor of the State for the time being, l-^^;/^^. 280; 
and shall make a collated return of the statistics to the General 
Assembly, at its next regular session. 



44 CIVIL CODE 

A. D. 1902. — 



"^ y ' Sec. 84. The Commissioners of the Sinking Fund shall an- 

ers^oFsinkiTg nually report to the General Assembly the condition of the 
rnnuai*°report! Sinking Fund, and all sales or other transactions connected 
" G. s. 57; R. therewith. 
^88.^^' ^^^" Sec. 85. The Railroad Commissioners shall make an annual 

Raiiroadr^P<^^t to the Legislature of their official acts, including such 
ers"h™ii m'ake statements, facts and explanations as will disclose the actual 
to'the' Leg?s°I^ working of the system of railroad transportation in its bearing 

. ^"'"^' upon the business and prosperity of the State ; and such sugges- 

i8^', XVII.', tions as to the general railroad policy of the State, or as to any 

^'^" part thereof, or as to the condition, affairs or conduct of any 

of the railroad corporations, as may seem to them appropriate, 

with a special report of all accidents, and the causes thereof for 

ot"cTmmTs'the preceding year. 

make" report to ^^^' ^^' The Commissioners of each County shall on or be- 
Ge°^?ai.°^ ^ ^ '^" fore the fifth day of January in each year report to the Comp- 

G. s. ssfRtroller-General, to be incorporated in his annual report, and laid 
fgglr XXII., before the General Assembly, a detailed account of all their do- 
^°^" ings, in such form as the Comptroller-General shall direct or 

ce^^^to** keep prepare and forward to them for such purpose, 
rlport'mon^hi Sec. 87. The Health Officers at Georgetown, Charleston and 

}L Hilton Head shall keep a faithful record of all their doings re- 

s. 8i;' ^xt"^', quired by law, and report the same to the Governor, at the end 
"^' of each month. 



CHAPTER VI. 

The Public Property. 

Article i. Charge of the property of the State; the Sinking 
Fund Commission. 

Article 2. Land containing phosphate rock and phosphatic 
deposits; Phosphate Commissioners. 

Article 3. Other property of the State; miscellaneous pro- 
visions. 



OF SOUTH CAROLINA. 



ARTICLE I. 

Charge of the Property of the State* 

Commission. 




-The Sinking Fund 



Sec. 



Sec. 
105. 



88. All public property under 

charge of Secretary of State, 
unless otherwise provided. 

89. Vacant lands grantable only 

to purchasers for value ; un- 
der control of Sinking Fund 
Commission. 

90. The Sinking Fund Commis- 

sion ; who constitute, and 
their duties. 

91. Sales of property not in ac- 

tual public use ; disposition 
of proceeds ; exception. 

92. Annual report of sales and 

transactions ; investments ; 
compensation. 

93. Sinking Fund may lend mon- 

ey on bonds, &c. 

94. Sinking Fund may lend mon- 

ey to Counties. 

95. Application for loans, when 

received, and how loans 
may be made. 

96. Liability of County Treasurer 

for violation of Section 94. 

97. In what funds loans must be 

repaid. 

98. State's Title in certain for- 

feited lands renounced. 

99. Petitions for relief by tax- 

payer. 

100. Lien of State for taxes; how 

enforced. 

101. Lands not on tax books to be 

surveyed, &c., at discretion 
of Sinking Fund Commis- 
sion. 

102. Annual settlements of County 

Treasurers. 

103. Nulla bona tax executions to 

be returned to Auditors. 

104. Sinking Fund Commission to 

have access to books of 
County Auditors and Treas- 
urers. 

Section 88. The Secretary of State shall take charge of all 
property of the State, the care and custody of which is not other- 
wise provided for by law. He shall hold the same subject to 
the directions and instructions of the Commissioners of the 
Sinking Fund, and act as their agent in such redemption, lease, 
and sale, as they may make, of forfeited and vacant lands, and 



106. 

107. 
108. 

109. 

110. 
111. 
112. 

113. 

114. 

115. 

116. 

117. 
118. 

119. 

120. 
121. 
122. 
123. 
124. 

125. 

126, 

127, 
128 

129 



Powers of Secretary of State 

as to forfeited lands. 
Enforcement of tax lien 

against forfeited lands. 
Fees, costs and expenses of. 
Sale under proceedings 

against, &c. 
Proceedings for relief of tax- 
payer. 
Evidence on such proceedings. 
Sheriff's deed as evidence. 
Remedies of Sees. 105 to 111 

cumulative. 
Sinking Fund Commission to 

investigate shortages, etc. 
Sinking Fund Commission to 
collect unpaid school taxes. 
Disposition of forfeited lands 

and lands sold the State. 
Sheriff's commissions and du- 
ties as to such lands. 
Expenses of survey, how paid. 
Money to be refunded certain 

purchasers. 
Agents of Sinking Fund Com- 
mission. 
Lands off tax books, etc. 
, Insurance on public buildings. 
, Premiums, &c. 
Values of buildings, how fixed. 
Premiums to be paid by the 

State. 
Value of new buildings, how 

fixed, &c. 
Adjustment of losses, and set- 
tlement. 
Limit of Insurance fund. 
Duty of officers to insure 
State and County buildings. 
. Value of uninsured bnildings : 
how fixed. 



All pu b 11 c 
prope r t y un- 
der charge of 
Secret a r y of 
State, unl ess 
otherwise pro- 
vided by law. 

G. S. 60; R. 
S. 82; 1878, 
XVI., 558; 
1883, XVIIL, 
380. 



46 CIVIL CODE 

A. D. 1902. 



^ , ^ lands purchased by the late Land Commissioners of the State, 

and in the negotiations therefor and arrangements in relation 
thereto. 

" Title of lands purchased by Land Commissioner were properly not made to the 

State, but to that officer, and passed to his successor in office. — The State v. Evans, 
33 S. C, 184; II S. E. 697. 

The Statute of Uses did not vest such title in the State. — lb. 

Suit against the Sinking Fund Commissioners on contract for sale of land made 
by their predecessor, the land commissioner cannot be maintained, being in effect 
a suit against the State. Lowry v. Thompson, 25 S. C, 416; i S. E., 141. The 
Secretary of State is the custodian of the State's property. Tindal v. Wesley, 167 
U. S., 211. 

Vacant lands Sec. 89. No grants of vacant lands shall be issued except to 

grantable only ° ^ 

to purchasers actual purchascrs thereof for value ; and all vacant lands and 

for value; un- ^ 

der control of lands purchascd by the late Land Commissioners of the State 

Sinking Fund ^ , . -^ . 

Comm ission, shall be likewise subject to the directions and instructions of the 
G. s. 61; R. Commissioners of the Sinking Fund. 

S. 83; I 8 7 8, => 

XVI., 559- Sec. 90. For the purpose of paying the present indebtedness 

tute the'^sink-of the State, the Governor, Comptroller-General, State Treas- 
mfssion! a n"d urcr, and the Attorney-General of the State, the Chairman of 
^^'" — the Finance Committee of the Senate, and the Chairman of the 

s. 84; ' I IVo! Committee of Ways and Means of the House of Representa- 
1883, "xviii.', tives, are constituted Commissioners, to be known and desig- 
^ °' nated as ''the Commissioners of the Sinking Fund," to receive 

and manage the incomes and revenues set apart and applied to 
the Sinking Fund of the State; and the State Treasurer shall 
be Treasurer of the Commissioners of the Sinking Fund; and 
all moneys arising from the redemption of lands, leases and 
sales of property, or otherwise coming to said Commissioners 
of the Sinking Fund, shall be paid into the State Treasury, 
and shall be kept on a separate account by the Treasurer as a 
fund to be drawn upon the warrants of the Commissioners of 
the Sinking Fund for the exclusive uses and purposes which 
have been or shall be declared in relation to the said Commis- 
sioners of the Sinking Fund. 
Sales of prop- Sec. 91. It shall be the duty of the Commissioners of the 
tuai public use; Sinking Fund to sell and convey, for and on behalf of the State 
proceeds; ex- all such real or personal property, assets and effects belonging 

'■ to the State as are not in actual public use ; and all such lands 

s. 85;' XVI.; sold under execution for delinquent taxes as have been or may 
XX.," '8^6 3^' hereafter be purchased for and conveyed and delivered to them 

x892,XXI., 87. , .. -„. -11^1. 1 

pursuant to the provisions of Section 424 ; said sales to be made 
from time to time, in such manner, and upon such terms, as 
they may deem most advantageous to the State. The purchase 
money of said lands or other property shall be paid in the fol- 



OF SOUTH CAROLINA. 




lowing kinds of funds, and no other, to wit : gold and silver 
coin, United States currency. National Bank notes, and cou- 
pons tvhich shall be due and payable on the consolidated bonds 
of this State known as Brown Bonds. The proceeds of all 
such sales shall be set aside, and awarded to the Sinking Fund 
of the State. This shall not be construed to authorize the sale 
by the Commissioners of any property held in trust for a speci- 
fic purpose by the State, or the property of the State in the 
phosphate rocks or phosphatic deposits in the beds of the navi- 
gable streams and waters and marshes of the State. 

Tindal v. Wesley, 167 U. S., 211. 

Sec. 92. The Commissioners shall annually report to the po^^'^oT^ safes 
General Assembly the condition of the Sinking Fund and all tSns^'^^fnvest- 
sales or other transactions connected therewith ; and all the ™ensatLn^ ° ™' 
revenues derived from such sales shall be applied to the extin- q g g^. j^ 
guishment of the public debt, by investing the same in the pub- ^ g g ^' I'l's^i' 
lie securities of the State. Each of the Commissioners, except "'^viii., 864. 
those who as State officers reside in Columbia, shall receive 
five dollars a day for each day actually engaged in attending the 
meetings of said Commission, and in going to and returning 
from the same, and a mileage of five cents per mile for each 
mile of travel in going to and returning from each session ; the 
same to be paid out of any funds in their possession. 

Sec. 93. The Sinking Fund Commission are hereby sinking Fund 

° _ _ -^ Commission to 

authorized when unable to purchase valid bonds of this State ^^"d fund, &c. 
at par to lend the sinking fund at such a rate of interest as may 1896, xxii., 
be agreed upon between them and the borrower, not less than 
4^ per centum per annum, on the security of the said bonds, 
sufficient to cover the loan and interest at the par value of the 
bonds, the bonds to be deposited with the State Treasurer as se- 
curity for the loan and as collateral to the personal obligation 
of the borrower, to be taken by said Commission, showing the 
terms and maturity of the loan. 

Sec. 94. The Sinking Fund Commission are hereby author- linking Fund 

o ■' Commission to 

ized and required, when in the judgment of said Commission- ^^^^ money to 

^ ' Jt5 Counties; 

ers of the Sinking Fund valid bonds of the State are not offered ^^^°- 

or attainable at a reasonable price, to lend the money of the ^^97, xxii.. 
Sinking Fund Commission, both accumulated and ordinary, for 
a period of one year at a rate of interest of five per cent, per 
annum. 

The said loan shall be made by the said commissioners upon ^^^S; ib. 725 
the valid securities of the several States of the United States, 
giving preference^thereto, or upon the note of the County 




CIVIL CODE 



Treasurer and County Supervisor of any of the counties of this 
State, who shall make application for a loan, provided the said 
loan be not more than one-half of the tax levy of said county, 
and the whole of the taxes of the said county shall be pledged 
for the repayment of the money so borrowed of the said Sink- 
ing Fund Commission. 
paid°^° ^^^" '^^^^ County Treasurers of the respective Counties bor- 
189-', lb., 441! ^"^"^^^^S funds of the Sinking Fund Commission shall pay the 
note so given out of the first taxes collected for the fiscal year 
for which the said money is borrowed. 
fo'^^ioTnT! ^^^- 95. The Sinking Fund Commissioners shall receive 
Td^ howTrntl! ^PP^^^^^^*^"s fo^ ^^^ various Counties and file the same until 
pro'^^rit'ed '^ ^ ^ ^'^^ first day of March of every subsequent year hereafter, and 
1807 XXII., ^f ^^^ applications aggregate more than the entire fund in the 
441; 1898, ih., hands of the Sinking Fund Commissioners, said Commission- 
ers shall prorate the loan to be made to the several Counties in 
proportion to the taxes paid by the respective Counties : Pro- 
vided, That no loan shall be made to any county in excess of 
one-half of the amount of the tax levy for such county for 
county purposes, 
su^rs^^^^vldlt- Sec. 96. Any County Treasurer who shall violate the pro- 
be^ pmfished.^° visions of Section 94 shall be fined on conviction thereof a 
sum not exceeding one thousand dollars, and his bond shall be 
liable to said Sinking Fund Commission for the amount of the 
loss sustained by said Commission, together with all costs and 
expenses thereof. 
In what Sec. 97. In the case of all loans, to whatsoever person, cor- 

money loans . . 

must be paid, poratiou or couuty, made by the Commissioners of the Sinking 
1899, XXIII., Fund of the State, whether of the ordinary sinking fund, or of 
the cumulative sinking fund (for the reduction and payment of 
the South Carolina 41-2 per cent, brown bonds and stocks), 
and in the case of all bank deposits of said sinking fund, the 
principal thereof, and the interest and other charges, costs and 
dues accruing on said loans and deposits, shall be payable in, 
and shall always be paid to the said Commissioners of the Sink- 
ing Fund in, the following kinds of funds and in no other, to 
wit : in gold and silver coin of the United States in United 
States currency, and in national bank notes. 
b'^forfeituTl ^^^- ^^' ^^^ State of South Carolina hereby renounces 

renounced. ^\\ ^-j^jg \yy forfeiture for non-payment of taxes to each and ev- 

^^1887, XIX., gj-y parcel of land in the several counties of the State listed on 
the forfeited land record on the twentv-fourth dav of Decem- 



OF SOUTH CAROLINA. 




ber, 1887, and will treat them hereafter as the lands of the 
former owner, his heirs or assigns ; but this renunciation of title 
is upon the reservation and condition that the State may here- But right to 
after collect by suit at law, or other legal method, from said tainek. 
lands a sum equal to the aggregate amount of all annual as- 
sessments for taxes with the penalties that might and would 
have been assessed and charged against the said lands in case 
the same had never been declared delinquent and forfeited; 
and the retention of the possession and use of said lands for 
ninety days after the said 24th day of December, 1887, by said possession an 
former owner, his heirs or assigns, shall be deemed sufficient terms of sur- 
evidence of his or their acquiescence in and acceptance of the 
reservations and conditions of said renunciation of title. 

Sec. 99. The Sinking Fund Commission is hereby Commissi9n to 
authorized to hear and decermine upon satisfactory proof the for relief, 
petition of any tax-payer praying relief on ground that all 1888, xx., 52. 
taxes, as described in last Section, have been paid or that por- 
tions of such taxes have been paid and an offer to pay the bal- 
ance, accompanied by the sum admitted to be owing. And the 
said Sinking Fund Commission shall grant such relief in the 
premises as may be just. 

Sec. 100. To secure the entire debt due the State for prior f J^'Ta x^^s^ on 
taxes or other dues accrued to the State to and including the enforced!' ^°'^ 
levy of 1886, or for any other purpose whatsoever, and for the ^ v, ^^2; 
levy of 1887, and for all subsequent levies, as they may have ac- 3 ^ ^ ?' j f g^^; 
crued or shall accrue upon each parcel of said land, and the ^-^"^gss^^xx.^ 
costs and penalties due thereon, the State shall have a prior ^^' ^ '^• 
and preferred lien upon said land, to be enforced and asserted 
in any Court of competent jurisdiction by the Commissioners 
of the Sinking Fund, in such cases, at such time, and to such 
extent, as they may deem most advantageous to the interests of 
the State. The proceeds of any sale ordered by the Court in 
such suit shall be applied first to the payment to the Sinking 
Fund Commission of the taxes, costs and penalties charged 
against the property, and next to the payment of the taxed costs 
in the suit and expenses of sale, and the surplus, if any there 
be, shall be paid over to the former owners or parties in inter- 
est as their interest may appear. 

Sec. 101. The Commissioners of the Sinking: Fund Lands not 

° on tax books 

are hereby authorized to have surveyed any lands that *° "^^ surveyed, 
they are informed or believe have been continuously for ten 
or more immediately preceding years upon neither the Tax Du- 

4-C 




CIVIL CODE 



plicate or Forfeited Land List of this State ; and if after such 

on'^ax ifst^s!^'^ survcy the said absence from said tax books be found to exist, 

to cause the said land to be placed upon the Tax Duplicate in 

Charges and ^^^ Owner's name, if known, or in the name of "Unknown" if 

past taxes. ^j^g Owner's name be not known, charged and taxed with the 

entire costs of the survey and investigation, and fifty per cent. 

penalty additional thereto, and with the taxes for five years 

immediately preceding, and collecting the same under existing 

Duty of Coun- ^^^ ^°^ collcction of taxcs. The County Treasurer shall pay to 

ty Treasurer, ^jjg Sinking Fund Commission said costs of survey and said 

fifty per cent, penalty additional thereto from amount collected, 

and apply the residue as provided by law. 

SinldM^'pund This Scction shall be by the Sinking Fund Commission ap- 

Commission. pijed to such cxtcut and in such cases as they may deem most 

advantageous to the State. 
tax^exeTutloifs^ ^®^' ^^^' ^^^ Couuty Auditors and Treasurers shall an- 
1896 XXII iiually have a full and final settlement as to tax executions 
^S5- issued by said Treasurers within twelve months after the ex- 

piration of the time allowed by law for the payment of taxes 
in any year. 
Nulla bona ^^^' ^^^' ^^^ exccutious issucd for the collection of taxes by 
to\e ^rTturned ^^^ County Treasurers and returned "nulla bona" for any 
to Auditors, rcasou or "double entry," or which are not collected for any 
-26^^' ■^^^^•' reason, shall be filed in the Auditor's office within one year 
from the expiration of the time for the payment, without pen- 
alty, of the taxes for the collection of which the executions are 
issued. 
Auditor to re- The Auditor, on the filing of the said executions, shall give 
ceip ere or. ^ j-g^eipt to the Couuty Treasurer for the same, stating the 
amount due on each execution and the name of the party 
against whom the execution is issued, the kind and location of 
the property, the nature of the Sheriff's return and as full 
description of the property as he can furnish from his records , 
and he shall at the same time furnish a duplicate of said 
receipt to the Secretary of State, as the agent of the Sinking 
Fund Commission. 
_ Agents o f Scc. 104. Any agent of the Sinking Fund Commission shall 
Commission to be allowcd free access by the Auditors, the Treasurers and 

be allowed free . . . , , ,, jj.11 

access to books Sherifts to said executions, and to the tax books, and to all 
Sheriffs a n d recofds in their respective offices relating to tax matters, and 
— may proceed to collect all tax claims pertaining to said execu- 
tion, and also which pertain to such executions for taxes un- 



OF SOUTH CAROLINA. 51 

A. D. 1902. 



collected which may be lost or otherwise unaccounted for by "^^ — ."-^-^ 
the Sheriff or Treasurer in any year prior or subsequent to the 
passage of this Act, and all back taxes on lands and buildings, 
and on railroad property, real and personal, which are off the 
tax books, or being on the tax books are found to have escaped 
the payment of taxes in any year or years, from any cause, 
said taxes being past due and unpaid for twelve months, and dutiero?a<^^en1 
not stayed by the action of any judicial process, including ^^^^^n'^^l^^H^^ 
cases of partial returns and payment of taxes on lands by any 
taxpayer who returns and pays in less than his titles call for, 
whose whole estate shall in all such cases be held liable under the 
prior and preferred lien for unpaid taxes under the provisions 
of this Article for any such shortage in returns and payments in 
proportion to the said shortage, and turn the proceeds into the 
ordinary sinking fund of the State under proceedings now 
provided by law; and the Secretary of State, as agent of the 
Sinking Fund Commission, is hereby authorized, in cases of 
railroad property, real and personal, to fix the value thereon 
for the purposes of this Article, subject to the right of the tax- 
payer to appeal to the State Board of Equalization of railroad 
property, to be convened in extra session at the request of the 
Secretary of State, and the decision of said board shall be final, 
and shall proceed to issue his execution against said property 
for the collection of said back taxes, costs and penalties, and 
collect the same under the provisions of Sections 105 to iii 
inclusive. 

Sec. 105. It shall be lawful for the Secretary of State, as Powers cf 
agent of the Commissioners of the Sinking Fund, or for his state as to 

,1 • 1 - - . , forfeited lands 

authorized agent, to prepare a statement of the simple taxes, 

with fifteen per cent, penalty thereon for each and every levy 82. 

which to him or his agent appears past due and unpaid upon 

any lands, buildings, and railroad property, real and personal, 

upon which any levy made by the Legislature appears past due 

and unpaid for twelve months; the calculation of taxes 

due shall be made at such valuation as the Secretary of State Valuation. 

may deem just and equitable. 

Sec. 106. The Secretary of State shall then, by himself or his j^^^^J^ ^ *■ y °^ 
agent, enter upon the lands and personally serve a copy of such j^^^^nd for 
statement of dues, with a demand for payment of same, together payment. 
with the necessary mileage, advertisement, and other costs and ^^• 
charges accrued thereon, upon any person whom he finds in pos- 
session of the land, or of any part thereof ; and if he fails to find 




CIVIL CODE 



any one in possession of the land, or any part thereof, upon 
Posting copy, such entry he shall post a copy of such statement and demand 
Service. upon the premises, and shall serve such person or persons as 
to him or his agent appears to be the last owner, with a copy 
of the said statement and demand, if such owner or party in 
interest be a resident of the County in which said land is lo- 
cated; otherwise he shall, for three consecutive weeks, insert 
Pubiicati o n ^^ somc paper published in the County, or having a circulation 

of notice. therein, an advertisement, briefly describing the land, with the 
total amount due thereon, together with the mileage, advertise- 
ment and other costs, and a demand for the payment of the 
same within three weeks from the date of the first insertion, 
under pain of distress and sale of the land to satisfy said de- 
mand, with costs. If payment in gold, silver or paper, national 

o n'^n o'^n^pTy- currcncy of the United States, be not made within three weeks 

ment. from the date of personal service, posting or first insertion of 

advertisement as above provided, then it shall be lawful at any 
time thereafter for the Secretary of State, as agent of the Com- 

issue^*^"*'"" ^° missioners of the Sinking Fund, to issue, in the name of the 
State, a warrant or execution in duplicate against the said 
land upon which said taxes, penalties, costs and charges are 
due, signed by him in his official capacity, directed to the Sheriff 
of the County in which the said land is situated, or to his law- 
ful deputy, requiring and commanding him to levy the same 
by distress and sale of all of the said land in default to satisfy 

sale!' ^ ^ ^ ^""^ th^ taxes. State, school. County or other special levies, penal- 
ties, costs and charges against the property in the statement, 
together with the Sheriff's fees and costs, which warrant or 
execution shall run substantially in these words (filling the 

rfnT™r°exIcu- blanks to suit cach case) , viz. : , 

tion. Secretary of State, as ex oMcio agent of the Commissioners of 



the Sinking Fund, to the Sheriff of County, 

or to his lawful deputy : Whereas it appears that that lot or 

parcel of land, described as acres, more or 

less, situate in Township and 

County, bounded by lands of , 

is in default for taxes, penalties and costs to the amount of 

$ , as will more fully appear by the attached 

statement and demand, and by the return of the Secretary of 
State, or his agent, endorsed thereon, as to the service, posting, 
or advertisement of same as law requires, and the neglect of 
owner or person in interest to pay the above charges : These 



OF SOUTH CAROLINA. 53 

A. D. 1902. 

are, therefore, in the name of the State, strictly to charge and ^-^— >'^— ' 
command you to levy by distress and sale of the said land the 

sum of dollars, together with dollars, 

the penalties, costs and charges thereof, and for so doing 
this shall be your sufficient warrant. Given under my hand and 
seal this day of ., A. D., 18 

Secretary of State and ex ofUcio Agent of the Commissioners of 
the Sinking Fund. 

Sec. 107. For every such statement and demand prepared, ^^^^ g^"'jjg°g*^ 
and so personally served or advertised by the Secretary of j^ 
State, there may be collected for the Commissioners of the 
Sinking Fund, to be used for the benefit of the State, not 
more than three dollars, five cents per mile for every mile ac- 
tually traveled, in entering upon the premises or service of 
the statement of dues and demand in going and returning, and 
not more than one dollar for advertising, and for every war- 
rant issued by the Secretary of State, not more than two dollars. 
And the Sheriff shall take out of said land in default the follow- 
ing fees in the execution of his office : For serving warrant, sheriff's fees. 
one dollar, besides mileage at the rate of five cents for each 
mile actually traveled in executing the warrant; for adver- 
tising sale, twenty-five cents; for making sale and executing 
deed, three dollars ; and for all sums levied as the simple taxes, 
as aforesaid, five per cent : Provided, The printer's charge printer's fee. 
for advertising shall not exceed fifty cents for each tract of land 
levied on under execution; and the Sheriff is prohibited from Limitations 
demanding or collecting any greater sum therefor than is "hafges^ '^ ' ^'^ 
hereby allowed; nor shall he receive fees upon nulla bona re- 
turns, nor from any other source than from the particular parcel 
upon which the particular fees, costs and charges accrue. 

Sec. 108. Under and by virtue of said warrant or execution sh e r i ff to 
the Sheriff shall seize and take exclusive possession of said land ^o^f^^^Pd^^^^^'"" 
in default, and, after due advertisement, sell the same before the ^dver 1 1 s e- 
court house door of the County, on a regular salesday, and ""^"^ ^'^^ ^^^^• 

within the usual hours for public sales, for cash; make title _Z'.^l!!: 

therefor to the purchaser complying with terms of sale, and ^^■ 
annex to said title the duplicate warrant, with endorsement 
thereunder ; put the purchaser in possession of the property Purchaser to 
sold and conveyed, and, after deducting from proceeds of sale session. ^"^ ^°^' 
the amount of taxes, penalties, costs and charges, shall pay Application 
over to the former owner, or to parties in legal interest, as °^ proceeds. 




CIVIL CODE 



their interest may appear upon conclusive proof thereof, the 
surplus, if any there be, and shall pay to the Secretary of 
State, as agent of the Commissioners of the Sinking Fund, 
within ninety days from the date when the execution was 
placed in his hands, all the taxes, penalties, costs and charges 
other than the Sheriff's costs for levy, advertisement, and sale : 
su^1u™to''se°c^ ■^^''^^'^^<^:' That if the surplus be not paid over by the Sheriff 
retaryof State, -^j^i-iin six months, to the former owner of land, or to the 
party formerly of legal or equitable interest in the land, upon 
a conclusive proof to the Sheriff of such ownership or legal 
interest, then, at the expiration of the said six months, it shall 
be the duty of the Sheriff to pay over said surplus to the Sec- 
Accompany- retary of State, with an accompanying statement, certified to 
mg statement. ^^ ^^^ officially, fully describing the land from which the par- 
ticular surplus was derived, and showing clearly the amount for 
which said land was sold, the amount of costs and charges dis- 
D i s position burscd thcrcf rom by him and the surplus remaining, and 
o/stfte'^'^^*^'^^ ^^^^^^y P^^*^ over; said surplus shall be, by the Secretary of 
State, turned over to the Treasurer of the Sinking Fund, with 
the said accompanying statement, and be held by him for five 
years from date of sale, subject to the order of the Board of 
Commissioners of the Sinking Fund for the refunding of the 
same to any person or persons conclusively proving to the 
said Board that they are entitled to said surplus, or any part 
thereof, on account of their former ownership or legal interest. 
Funding after ■^"'^ ^^at any surplus uot SO refunded within five years shall 
five years. ^^ passcd to the general Sinking Fund of the State. In case 
there be no bid equal in amount to the taxes named in said 
warrant or execution, the County Auditor shall buy the land 
for the Commissioners of the Sinking Fund as the actual pur- 
chaser thereof for the amount of said taxes, costs, penalties 
and charges, and the Sheriff shall thereupon execute titles to 
Sinking ^Fund the Said Commissioners of the Sinking Fund as to any other 
ommission. purchaser and in the manner above provided, and shall put 
receive posses- them or their authorized agent in possession of the premises, 
"°"' upon the payment to him, by the Commissioners of the Sinking 

Fund, the costs and fees above provided for the Sheriff. The 
land so sold and purchased and delivered to the said Corn- 
State^.^ ^*^ ° missioners of the Sinking Fund shall be treated by them as 
To be sold, asscts of the State in their charge and by them sold at such 
times and in such manner and upon such terms as by them 
shall be deemed most advantageous to the State. 



OF SOUTH CAROLINA. 




State V. Evans, 33 S. C, 184; 11 S. E., 697. The defaulting tax payer has the 
right to redeem by paying the taxes and costs at any time prior to the sale. — Ebaugh 
V. Mullinax, 40 S. C, 244; 18 S. E., 802. 

Sec. 109. In case any owner or person having any interest in Petition by 

cj -' owner. 

any parcel of such land alleged to be in default by the Sec 

retary of State as aforesaid, shall allege that the taxes have 

been paid, he can, and may, before the issuing of the warrant 

to the Sheriff, set forth his alleged grievance by petition in 

writing, accompanied with such evidence in writing as he 

may desire to submit, to the Secretary of State, whose duty it 

shall be to pass upon the same; and if the petitioner shall be 

dissatisfied with the ruling of the Secretary of State, he shall 

have the right of appeal to the Board of Commissioners of the 

Sinking Fund, who are authorized to hear and pass final judg- c-^^'l^ V *d 

ment upon such appeal, provided the appealing petitioner. Commission. 

Avithin twenty days of the ruling of the Secretary of State, file 

with the Secretary of State a written appeal to the said Board, „ 

-' ^J^ _ ^ ' Papers on ap- 

with all papers in the case, and pending the decision of the peai. 

said Board on such appeal there shall be a stay of the issuing 

of the warrant to the Sheriff: Provided, That if, before the „^ , 

' stay of war- 

issuing of the execution by the Secretary of State to the rant. 

Sheriff, any owner or person interested in the land shall per- 
sonally file with the Secretary of State, or with his agent, notice 
that he deems the valuation fixed by the Secretary of State Proceedings 
as excessive, and that he desires the Township Board of As- valuation, 
sessors to value the property, then it shall be the duty of the 
Secretary of State, or his agent, to call upon the said Town- 
ship Board of Assessors for the Township in which the land Assessment 
is located, to certify to him a valuation of the said land, with Board, 
improvements thereon, under pain of any member being re- Penalty for 
moved from office and being fined five dollars by any Magis- 
trate, (one-half of said fine for the benefit of the Commis- 
sioners of the Sinking Fund and one-half for the person de- 
manding the valuation,) who shall fail to so certify a valuation 
within one week, and such valuation by the members of the 
said Board of Assessors, or a majority of them, shall be final 
and conclusive, without right of appeal therefrom : And pro- 
vided, further, If the said owner, or persons, in interest, do not Valuation final, 
appear and personally serve in writing the Secretary of State, 
or his agent, with such personal notice of appeal to the Town- 
ship Board of Assessors, they shall be ever afterwards barred Bar. 
from any appeal whatever from the valuation placed upon 
the land by the Secretary of State, or his agent. 



56 \ CIVIL CODE 

A, D. 1902. 

^-'■v-^-^ Sec. 110. The failure of the tax duplicates to show the 

Tax dupH- payment of any levy, or part thereof, made by the General 

prima facie ev- Assembly, shall, in all Courts of this State, be received as 

idence. -^ 

-prima facie evidence of the non-payment of such levy, or part 

thereof, and of the existence of the State's prior and preferred 
lien upon the land to secure the payment of such levy, or part 
thereof, with such penalties and costs as may have accrued 
thereon, and as a sufficient warrant for the execution and sale 
Sufficient war- h,ei-ein provided, and no rebutting evidence shall be in any 
^^_ proceeding in this State admitted except the production of the 
idence limited, tax receipt, sigucd by the County Treasurer, or a receipt or cer- 
tificate, signed by the Secretary of State, or his agent, showing 
that said levy, or part thereof, or any penalties and costs that 
may have accrued thereon, were paid at the proper time and 
to the person authorized by law to receive it : Provided, further, 
Proviso. That such receipt, or certificate of payment, shall be evidence 
only as to the particular levy to which it refers, and shall not 
affect any other levy, or charges or action hereunder. 

Sec. 111. In all cases of sale, the Sheriff's deed of convey- 
Wio^fociV ev^ ^^^^^' whether executed to a private person, a corporation, or 

^£f^^f^ ^to the Commissioners of the Sinking Fund, shall be held and 

^^- taken as prima facie evidence of good title in the holder, and 
that all proceedings have been regular and all requirements of 
the law have been complied with. No action for the recovery 
acti^n^^*'°" °^°^ ^^^^ sold by the Sheriff under the provisions of this Act, 
or for the recovery of the possession thereof, shall be main- 
tained unless brought within one year from the date of sale, 
and unless it be sustained by conclusive evidence from the 
tax duplicates, or from a tax receipt signed by County Treas- 
Necessary ev- urcr, or by a Certificate signed by the Secretary of State, or 
idence. j^y jjjg agent, showiug that all of the taxes and levies for which 

the land was sold, with the costs that may have accrued thereon, 
were paid prior to the sale, at the proper time, and to the prop- 
erly authorized officials. 
Cumulative Scc. 112. The remedy afforded by Sections 105 to iii 
inclusive is additional to existing remedies, and the Commis- 
sioners of the Sinking Fund shall always have the choice of 
Choice of remedies, and the right to abandon either remedv at any stage 

remedies. "^ . . ' 

of proceedings and adopt any other existing remedy, i he pro- 
Existing suits, visions of this Act may be applied to cases already in suit, as 
well as to other cases. 



OF SOUTH CAROLINA. 




Sec. 113. Except as to the collection of all such tax 
claims as are described and set forth in Section 104, the Sink- sjP° ^^^ ^/^ o| 
ing Fund Commission shall not collect any tax for the Sink- p^^^'^g'^^li^'' i'^"- 
ing Fund Commission: Provided, That the Sinking Fund «f ^l^^^^^l/^ 
Commission shall have the right to fully investigate all cases Jf^^tf^ <=°iie^- 
of tax receipts issued by County Treasurers, Sheriffs or Deputy 1900, xxiii., 
Sheriffs, found by the agent in the hands of the taxpayers, the 353- 
money therefor being not turned over and accounted for by 
such Treasurer, Sheriff or Deputy Sheriff, and other like irreg- 
ularities and shortages found to exist against the said officers 
in the matter of tax collections; and the right and power to 
collect the money due in all such cases, by an action or actions 
which they are hereby authorized to bring in any Court of com- 
petent jurisdiction un.der existing laws, such sums being past 
iue and unpaid for twelve months, and having escaped the 
detection and correction by the Comptroller General in the an- 
nual settlement between the Auditor and Treasurer : Provided, 
That such action shall in no manner affect the criminal liability 
•of such defaulting officer: Provided, further, That when the 
Sinking Fund Commission shall collect any moneys on account 
of said shortages, they shall retain, for the benefit of the State 
Sinking Fund, only the State's portion of the taxes thereon, and 
refund all the balance thereof to the County Treasurer, where it 
telongs, after deducting ten per cent, of said balance on ac- 
count of expenses of collecting said balance. 

Sec. 114. Whenever, under operation of existing law, unpaid ^Unp^Wfj^^io^°j 
taxes, costs and penalties have become, or hereafter shall t)e-|,y^s>g^^^jS 
come, assets of the State in charge of the Commissioners of^sj^°^n^ to^^be 
the Sinking Fund by reason of the same being past due andCcmnty Treas- 
Tinpaid for twelve months, whether the same be upon or off the jgge xxil^ 
Tax Duplicate, or upon or off the Forfeited Land List as for- ^i- 
feited prior to December 24th, 1887, the Secretary of State, 
as agent of the Commissioners of the Sinking Fund, shall here- 
after, once a year, pay over to the respective County Treas- 
urers (to be by them placed to the credit of the common school 
fund), out of such assets as may have been collected by him 
during the year, so much thereof as would have been the 
simple Constitutional school tax had the same not become 
assets of the State in charge of the Commissioners of the 
Sinking Fund, as aforesaid. 

Sec. 115. The Sheriff of each County shall be required, at 
the request of the Sinking Fund Commission, to take and hold 




CIVIL CODE 



possession of all lands forfeited and sold to the State for taxes, 
of ^landf *^fo" ^^^ ^^^^ °^^ ^^^ Same for said Commission, and negotiate sales 
to'^stat"'^ ^°^^ ^^ ^^^ same, and shall rent out and negotiate sales of any 
— XXII ^^^^^ ^^ h^^ County belonging to the State, and collect all of 
729- said rents, and have the right to proceed to collect the same, 

in the name of the Commission, by any and all of the proceed- 
ings allowed by existing law. 
Sheriff's gee. 116. For doing said renting he shall have a com- 

Commissi o n s ° ° 

for rentingjjiission of ten per cent, on all rents collected, and for making 

forfeited lands. '^ ' ° 

— ^TT-— sales he shall have five per cent, of the amount realized from 

1899; XXIII; _ .... 

259- said sale ; but he shall receive his commissions on each in- 

stallment when it is paid, if the sale should be partly for cash 
Sheriffs t o ^^^ partly on time. The Sheriff shall promptly send to 
ta?'^ of ^state ^^^ Secretary of State a minute and full description, in writing, 
description^ oi gf all property purchased at tax sale for the Sinking Fund 
tie^deed^"'^ ti- Commission, and shall promptly send to the Secretary of State 
a title deed for all real estate so purchased, made and executed 
in the manner and form approved by the Attorney General; 
and no costs or fees allowed by law to County Treasurers, 
Auditors or Sheriffs for issuing execution, making levy, sale 
or deed, taking and holding exclusive possession, or for noting 
transfer in such cases, shall be paid by the Commissioners 
of the Sinking Fund to said County Treasurers, Auditors or 
Sheriffs until the land or property upon which said costs of 
fees accrued shall have been sold by the Commissioners of 
the Sinking Fund and paid for, or until he collects sufficient 
rent from any parcel of land to pay costs and fees accrued 
f e*^e°s^ wfhTn^^^^^^" • Pfovided, That in cases where any such sale and 
paid. conveyance have occurred since the eighteenth day of Feb- 

ruary, A, D. 1898, the Commissioners of the Sinking Fund, 
after the deed of conveyance and the possession of the land 
have been turned over to them, and they have become satisfied 
as to the regularity of the proceedings under which the land 
was sold and conveyed, shall be, and are hereby, authorized 
to pay at once any costs and fees of any County Treasurer, 
County Auditor or Sheriff incurred in reference to such land. 
Sheriff to act That in holding, or renting, or negotiating sales of property, 
of"^!""! n'^k^ n°i °^ collecting money for the Commissioners of the Sinking 
^on!^ ^°"""^^' Fund, the County Sheriff shall act under their direction and 
control, and shall make reports and render accounts and make 
settlement in such manner and at such times as said Commis- 
sioners may require. 



OF SOUTH CAROLINA. 




The said Sheriff's official bond shall be liable for the funds 
so collected for the Sinking Fund Commission, less his com- if aTu^ ^f°o r 

, 1 funds collect- 

missions on the same. ed by him. 

Sec. 117. No expenses for surveying- out abandoned lands ^^Expenses^ of 
for the Sinking Fund Commission shall be incurred unless a ^^ p^^^- 
prospective purchaser shall deposit enough of money with the^^^^gS; xxii.. 
Commission to cover said expenses of the survey, or shall file 
a written agreement with said Commission to look to the pro- 
ceeds of the lands when sold, and to no other source, for 
his pay. 

Sec. 118. When any lands shall be sold by the Commission Commission- 

■^ -^ ers to refund 

as abandoned lands, and it turns out that the lands are not money to pur- 

' chasers who 

abandoned, but the taxes have been paid, and the purchaser have purchas- 

' ^ ed lands which 

loses the land, the Commissioners shall refund the money to turn out not 

' to be aban- 

said purchaser. doned. 

Sec. 119. The number of salaried field agents employed by Ntimber of 

° 1 salaried field 

the Commissioners of the Sinking Fund shall be one, at a salary agents 
not exceeding one hundred dollars per month, payable out of 
his collections for the Commissioners of the Sinking Fund, 
who shall discharge the duties imposed by the provisions of 
this Article, and without other compensation shall also perform 
such other field work relating to escheated land and other 
matters as the Commissioners of the Sinking Fund may re- 
quire : Provided, That the Commissioners of the Sinking 
Fund may employ as many additional field agents as they may 
deem advisable, the sole compensation of each of whom shall 
be a commission not exceeding twenty-five per cent, upon his 
actual net collections and remittances to the Commissioners of 
the Sinking Fund. 

Sec. 120. Where the officials of a County charged with the ^^d^u t y^^^o^f 
assessment of property, or collection of taxes, shall discover or^ as to^prop^ 

any property off the tax books, the County Auditor is author- books. 

ized to charge same on tax books (and at once notify the 1898, xxii.. 
Comptroller General, who shall immediately notify the Secre- 
tary of State, as agent of the Sinking Fund Commission,) with 
taxes of the current year and all back taxes due, and the 
County Treasurer shall collect and expend the same as if the 
said collection were taxes of the then current year. No County 
Auditor shall charge property with back taxes after written 
notice from the agent of the Sinking Fund Commission that 
the back taxes on this particular piece of property are then in 
process of collection by the said Sinking Fund Commission. 



6o CIVIL CODE 

A. D. 1902. 



And the Sinking Fund Commission's agent shall give said 
notice to said Auditor, immediately on discovery of facts ren- 
dering it necessary to investigate as to any such piece of prop- 
erty. And if the said Auditor, Treasurer or Sheriff shall 
refuse to allow such free access to said executions, books and 
records, the said agent may proceed by mandamus to require 
him or them to give access to the same ; and if the said Sheriffs 
and Treasurers shall refuse or neglect to make the return of 
said executions to the Auditor's office in due time, they may 
be compelled by mandamus to make said return: Provided, 
That if the said Sheriff have or shall have lost any tax execu- 
tion placed in his hands by the County Treasurer in any year 
or years prior or subsequent to the approval of this Act, and 
cannot, or will not, account for or pay for the same within 
one year from the time the taxes pertaining to said lost execu- 
tions were past due, the said Sinking Fund Commission shall 
have the right to recover from the said Sheriffs treble the 
amount of such taxes and penalties, in an action or actions 
which they are hereby authorized to bring in any Court of 
competent jurisdiction: Provided, That this provision shall not 
affect in any manner the rights and powers of County Treas- 
urers to enforce the collection of taxes by Sheriffs under exist- 
ing laws exercised within one year from the time the same 
became past due. 
State insur- Scc. 121. After the expiration of the policies of insurance 
on any and all public buildings in and of this State, and of 
z97\'i9oi lb'.', the several Counties of this State, colleges, graded school build- 
^^ ■ ings and common school houses excepted, now of force, no 

be insured.^ ^° iusurancc shall be taken on any of such buildings for a longer 
time than until the first day of January, 1901 ; and after that 
date all insurance on public buildings shall be carried in the man- 
ner hereinafter provided, excepting in cases in which policies 
of insurance heretofore taken out may expire after ist January, 
1 90 1, to which case the provisions of Sections 122 to 128 in- 
clusive shall not apply until the expiration of such policies. 
Premiums. Scc. 122. Beginning on the first day of January, 1901, or on 
ih. the expiration of such policies as may expire after the ist 
January, 1901, there shall be paid annually to the Commission- 
ers of the Sinking Fund, by each County in this State, one-half 
the amount paid annually in premiums for insurance on its 
public buildings, for the purpose of creating an insurance sink- 
ing fund, which money, when received by said Commissioners 



ance. 



OF SOUTH CAROLINA. 6i 

■ A. D. 1902. 

of the Sinking Fund, shall be held and invested by them as ''^ 1 ' ' 

other funds in their hands, for the purposes hereinafter pro- 
vided; and a separate account of such funds shall be kept. 

Sec. 123. The value of public buildings of each of the surtr"*"* ''" 
Counties, as fixed by the policies of insurance on said buildings J^_ 
now of force, shall be taken to be the value of such buildings, 
and the amount of insurance fixed by said policies be the 
amount of insurance to be allowed and carried on said buildings 
under this Article. 

Sec. 124. The State Treasurer shall pay annually to the. 
Commissioners of the Sinking Fund, one-half of the amount 
now paid annually in premiums for insurance on public build- 
ings of the State. No insurance shall be carried on the State 
House. 

Sec. 125. The value of all public buildings hereafter built value. 



Premiums. 
lb. 



I n s u r able 



shall be the actual cost of such buildings, and the insurance ib. 
to be carried shall be three-fourths of such value. 

Sec. 126. In case any of such public buildings, of any County of loisls!"*^ " 
of the State, be damaged by fire or lightning, three appraisers 
shall be appointed, one to be named by the Commissioners 
of the Sinking Fund, one by the County Supervisor, and the 
two so appointed shall select the third, who shall ascertain and 
fix the amount of the damage, and file their report with the 
Commissioners of the Sinking Fund and with the County 
Treasurer of the County where the loss occurred, and the said 
Commissioners of the Sinking Fund shall pay to the County 
Treasurer the amount so fixed. In case of a total loss by fire 
or lightning of any of such public buildings, the amount of in- 
surance carried under this Act shall be paid by the Commission- 
ers of the Sinking Fund to the County Treasurer of the County 
where the loss occurred; and in case of loss or damage to any 
State building insured under this Act, the amount of loss shall 
be fixed by a like appraisement, one appraiser to be named by 
the State Treasurer ; and the amount of loss, when fixed, shall 
be placed by the Sinking Fund Commission to the credit of an 
account to be opened in the name of the building lost or dam- 
aged, and use the same to pay for the rebuilding or repairing of 
such building. 

Sec. 127. When the insurance fund herein provided for Limit of in- 

'■ surance lund. 

reaches the sum of two hundred thousand dollars, no further 
premiums shall be paid, either by the Counties or the State, 
until a part of such fund has been used in the payment of 



62 



CIVIL CODE 



A, D. 1902. 



Officers t o 
insure build- 
ings. 



lb. 



losses, and in that event the premiums of insurance shall be 
again paid as provided in Sections 123 and 124, until the fund 
again reaches the sum of two hundred thousand dollars. 

Sec. 128. The proper officers, having by law the care and 
custody of State or County buildings, shall insure such build- 
ings under the provisions of this Article, whether said buildings 
have been heretofore insured or not. 

Sec. 129. In those Counties where no insurance is at present 



Values, how 
fixed where no 

n'^w'^Mrried.*^ carried on the public buildings, or where it is desired to in- 
ib. crease or decrease the amount of insurance, the value of the 
buildings and the amount of insurance to be carried shall be 
fixed by three appraisers, appointed in the manner provided for 
appointing appraisers in Section 126. The amount of in- 
surance carried on any building insured under this Article shall 
not exceed three-fourths of the value of such building ; and the 
rate charged for insurance on buildings not heretofore insured 
shall be the same rate charged on other like buildings, with a 
just additional amount, on account of exposures, to be fixed by 
the said appraisers, when in their judgment such additional 
premium is necessary. 



ARTICLE II. 

Land Containing Phosphate Rock, Shell Fish, Oyster 
Beds and Phosphatic Deposits. 



Sec. 



130. Board of Phosphate Commis- 

sioners ; constitution of, and 
compensation. 

131. Chairman and Secretary of 

Board ; quorum. 

132. Board has exclusive control 

of State's phosphate inter- 
ests ; exceptions. 

133. Powers, rights, &c., of Board. 

134. Charged with protection of 

State's interests in all phos- 
phate deposits and mines, as 
against adverse claimants. 

135. Survey of State's phosphate 

territory. 

136. Phosphate Inspector ; ap- 

pointment and salary. 

137. Powers of Board as to grant 

of licenses. 

138. May grant or refuse applica- 

tions for license. 



Sec. 



139. 



140. 



141. 



142. 



Bond of licensee ; condition ; 
how approved. 

Returns of rock mined and 
payment of royalty ; when 
and to whom made. 

Power of Board to raise roy- 
alty and limit thereof ; no- 
tice of increase. 

Limit of royalty, &c. 

143. Board notifies Comptroller- 

General of license issued ; 
time and particulars of no- 
tice. 

144. When additional security to 

bond may be required ; pro- 
ceedings. 

145. Proceeding for relief of sure- 

ties ; new bond and its ef- 
fect. 



OF SOUTH CAROLINA. 



63 



A. D. 1902. 



Sec. 



146. Coosaw River phosphate ter- 

ritory ; powers and duties 
of the Board in relation 
thereto. 

147. Board to report annually to 

General Assembly. 

148. Mining without license ; pen- 

alty. 

149. Buying or receiving from per- 

son not licensed. 



Sec. 

150. Penalty. 

151. Board may take proceedings 

to prevent interference, &c. 

152. Forfeiture of boats, dredges, 

&c., used by unlicensed per- 
sons ; proceedings to enforce 
same. 

153. Protection of oysters, &c. 



The effect of this Act considered in Coosaw Mining Co. v. State of So. Ca., 144 
U. S., sso. 

Section 130. A Board of Phosphate Commissioners is estab- Board of 
lished, which shall be constituted as follows : The Governor, commis's^^o n^ 
the Attorney General, and Comptroller General, and two per- l\^^ n *^of ^"^an^d 
sons, citizens of the State ; the last two to be appointed by the '^°'"pe"sa tion. 
Governor, Attorney General and the Comptroller General for j g^"o,^xx.', 
the term of six years ;the first appointment, however, to be made, ^^'' 
one for four years, and one for six years. The Governor, 
Attorney General, and Comptroller General shall not receive 
any compensation for their services on this Board except 
actual traveling and other necessary expenses while engaged in 
attending to their duties as members of the Board when the 
same shall be performed at any other place than the State 
Capital. The two Commissioners appointed as above shall 
receive as compensation for their services the same per diem 
and mileage as members of the General Assembly for the time 
they are actually engaged in performing the duties of their 
office. 

See. 131. The Governor shall be Chairman of the Board, and chairman and 
three members shall constitute a quorum for the transaction of b o a r d^ Vo- 
any business pertaining to the Board, and the Secretary shall •^"'"' 



R. s. 
692. 



J; lb., 



be appointed from among the members of the Board. 

Sec. 132. The Board shall be charged with the exclusive con- Board has 
trol and protection of the rights and interest of the State in troi "oTstaTe"s 
the phosphate rocks and phosphatic deposits in the navigable terestsf excep- 

streams and in the marshes thereof, except that the Comp--^^^^^ 

troller General shall continue to receive the reports of rock ■ • ^' 
mined and dug and the royalty paid into the State Treasury. 

Sec. 133. All the powers, duties, rights and privileges vested Powers, rights, 

in, and exercised by, the late Department of Agriculture, as — ^— 

heretofore established by law, so far as the same pertains and " ' ^°' 
relates to the management and protection of the rights and 
interests of this State in the phosphate rocks and phosphatic 



64 CIVIL CODE 

A. D. 1902. " 

^-^"v""^^ deposits in the navigable streams of this State, and in the 
marshes thereof, are hereby vested in, and are devolved upon, 
the Board of Phosphate Commissioners. 
Charged with gee. 134. The Board are further authorized and empowered 

protection o i '■ 

State's in t e r- ^q inquire into and protect the interests of the State in and to 

e s t s in all -^ -^ 

phosphate de- any phosphate deposits or mines, whether in the navigable 
mines as waters of the State or in land marshes, or other territory owned 

against adverse 

claimants. or claimed by other parties, and in the proceeds of any such 

R. s. 91 ; lb., mines, and to take such action for, or in behalf of, the State, in. 
694. 

regard thereto, as they may find necessary or deem proper. 

Survey of Sgc. 135. The Board are hereby empowered and directed, if 

State sphos- .',,,. ^, 

p h a t e terri- they scc propcr, as soon as practicable, to begin a survey of tne 
-— State's phosphate territory, and for this purpose they may em- 

R. S. 92; lb. J ' . . . . 

692. ploy such experts and other persons, and may obtain, by pur- 

chase or otherwise, such a dredge or other apparatus as shall 
be found necessary to prosecute this work in a thorough 
^, , ^ manner. 

Phosp hate 

Inspector. Scc. 136. The Said Board shall appoint a Phosphate In- 

R- s. 93^ lb., spector, whose salary shall be at the rate of twelve hundred 

1900, XXIII., Jr ' J 

413- dollars per annum, payable monthly, and whose power and 

duties shall be prescribed by the said Board. 
Powers of Scc. 137. The Board are authorized to grant to all citi- 

Board as to . ^ , 

grant of li- zeus of the State, and bodies corporate, applying for the 

censes. i j. -^ <-? 

- — -r — same, licenses granting a general right to dig, mine and 

s. 67, 69 and remove phosphate rock and phosphatic deposits from all the 

XVI., 7 8 i! navigable streams and waters and marshes of the State, and 
840. ° 

also from such of the creeks, not navigable, lying therein, as 

may contain phosphatic rock and deposits, belonging to the 

State and not previously granted. Such licenses shall be for 

the term of one year, renewable at the pleasure of the Board. 

May grant Scc. 138. In cvcry case in which such application shall be 

or refuse ap- -^ 

plications for made to the Board for a license, the Board may grant or refuse 

license. ^ <j 

— r — the license as they may deem best for the interest of the State 

R. S. 95; 

1884, XVIII., and the proper management of the interests of the State in such 
779. , . 

deposits. 

The duty imposed by this Section involves discretion, and mandamus will not 
issue requiring the Board to grant such license. — State v. Hagood, 30 S. C, 519;. 
9 S. E., 686. 

In the exercise of their discretion the Board cannot determine the constitution- 
ality of the Act. — lb. 

Sec. 139. As a condition precedent to the right to dig, mine 
and remove the said rocks and deposits hereby granted, each 
person or company shall enter into bond, with security, in the 



OF SOUTH CAROLINA. 




penal sum of five thousand dollars, conditioned for the making, 

at the end of every month, of true and faithful returns to the Bond of li- 
censee; condi- 
Comptroller General of the number of tons of phosphate rock tion; how ap- 

■^ proved. 

and phosphatic deposits so dug or mined, and the punctual pay — -—— - 
ment to the State Treasurer of the royalty hereinafter pro- s. 96; 1878, 

1-111 XVI., 781. 

vided at the end of every quarter or three months, which bond 
and sureties therein shall be subject to the approval now re- 
quired by law for the bonds of State officers. 

Sec. 140. Each and every person, or body corporate, to whom Returns o f 

^ ^ -^ '■ rock mined 

licenses shall be issued, must, at the end of every month, make and payment 

of royalty, 

to the Comptroller General true and lawful returns of the when and to 

whom made. 

phosphate rocks and phosphatic deposits they may have dug or ■ 

mined during said month, and shall punctually pay to the State s. 97; ib.; 
Treasurer, at the end of every quarter, or three months, the 393- 
royalty provided by law to be paid thereon, which shall not ex- 
ceed two dollars per ton upon each and every ton of the crude 
rock, and not of the rock after it has been steamed or dried, the 
first quarter to commence to run on the first day of January in 
each year. 

Sec. 141. The Board of Phosphate Commissioners of this ^ Powers o f 

^ Board of Phos- 

State are hereby vested with full and complete power and phate Commis- 

^ _ sioners to fix 

control over all mining now being done, or hereafter to be rates for dig- 

. ~ -gingphos- 

done, within the phosphate territory belonging to the State of phate. 

South Carolina, and over all persons or corporations digging R. s. 98; 
or mining phosphate rock or phosphatic deposit in the navi- 504- 
gable streams and waters, or in the marshes thereof, with full 
power and authority to fix, regulate, raise or reduce such 
royalty as shall from time to time be paid to the State per 
ton by such persons or corporations for all or any such phos- 
phate rock dug, mined, removed and shipped or otherwise 
sent to the market therefrom : Provided, Six months' notice 
shall be given all persons or corporations at such time digging 
or mining phosphate rock in said navigable streams and waters 
or marshes before any increase shall be made in the rate of 
royalty theretofore existing. 

Sec. 142. The Board of Phosphate Commissioners of the „ , 

^ Royalty to be 

State are hereby authorized and efnpowered to fix the fixed. 

royalty to be paid the State by parties mining in the navi- g'^93. xxi., 
gable waters and the marshes of this State at such amounts, 
not to exceed two dollars per ton, and for such periods, as Limit. 
they, upon full investigation and examination, may deem ad- 



^.— C. 



66 CIVIL CODE 

A. D. 1902. 

^-^Y-"~' visable : Provided, That six months' notice be given of any 
crease^^ ° '"' raising of such royalty above the sum of one dollar. 
fies'^°Colptr°oi- ^^^' ^^'^' ^^^ Board shall, within twenty days after the 
if c e n^le^l iv S"^^^^ ^^ ^'^Y liccnscs, as aforesaid, notify the Comptroller 
sued; time and General of the issuing of such licenses, with the name of the 

particulars of _ ° ' 

"°<^<='- person to whom issued, the time of license, and the location for 

o% ^-v^' which it was issued. 

1889, X X., 

^98. Sec. 144. Whenever the Board shall have reason to doubt 

When addi. the solvcncy of any surety whose name appears upon any bond 

tional security j j j rrxrj 

to bonds may heretofore executed, or which may hereafter be executed, for 

be requi red; -' ' 

proceedings, the purposc of Securing the payment of the phosphate royalty 

188^' xviii ' ^^ ^^^ person, or corporation, or company, digging, mining 

304- and removing phosphate rock, or phosphatic deposits, in any 

of the territory, the property of the State, under any grant or 

license, it shall be the duty of the Board forthwith to notify 

the person, corporation or company giving such bond, and the 

sureties thereon, and to require that one or more sureties, as 

the case may be, shall be added to said bond, which surety 

or sureties shall be approved by the Board. 

Procee di nj gcc. 145. It shall be the duty of the Board, upon petition 

sureties; new filed by any pcrsou who now is, or shall hereafter become, 

bond and its j j sr 

effect. surety on any such bond as aforesaid, and who considers him- 

R. s. loi; ih. self in danger of being injured by such suretyship, to notify the 

person, corporation, or company, giving said bond to give a 

new bond with other sureties, and upon failure to do so within 

thirty days, to cause said person, company or corporation to 

suspend further operations until a new bond be given, but in 

no case shall the sureties on the old bond be discharged from 

liability thereon until the new bond has been executed and 

approved, and said sureties shall not be discharged from any 

antecedent liability by reason of said suretyship. 

cr*?hos7h?i''e Sec. 146. The Board are hereby authorized and directed 

^wnT'dE after the first day of March, 1891, to take possession and 

Kiati^n^^'there'^ control of the Coosaw River phosphate territory heretofore 

^ occupied by the Coosaw Mining Company, and to issue licenses 

I 8^9 of" x^x.' to mine therein, and remove phosphate rock and phosphate 
XXI.,' 383.^^' deposits therefrom, in^ike manner as is now provided by law 
for the other navigable streams and waters of the State : 
Provided, That such parties so licensed or authorized shall 
be deemed the agents of the State, and each ton of phosphate 
rock or phosphatic deposits the product of such mining opera- 
tions shall be deemed the property of the State until the said 



OF SOUTH CAROLINA. 67 

■ ~~ A. D. 1902. 

parties shall have paid thereon a royalty, to be fixed by the ^— -y-«»-^ 
Board at not exceeding two dollars per ton, on each ton of 
phosphate rock or phosphatic deposit dug, mined and removed : 
Provided, That six months' notice be given before raising roy- 
alty above one dollar. 

Sec. 147. The Board shall report annually to the General o?t°^a1inuan' 
Assembly their actings and doings during the year, and to the gej^^f"^*"^^ ^^' 
time of the meeting of the same, with an itemized account of Tr"^ — 

o ' R. S. 103; lb. 

their expenses for said year. 

Sec. 148. Every person or corporation who shall dig, mine, ^^'"^"^g j^^*^' 

or remove any phosphate rock or phosphatic deposit from penalty. 

the beds of the navigable streams and waters and marshes of <, ^^- ^- ^s; R- 

. S. 104; 1877, 

the State without license therefor previously granted by the ^^'^ 30s. 
State to such person or corporation shall be liable to a penalty 
of ten (10) dollars for each and every ton of phosphate rocks 
or phosphatic deposits so dug, mined or removed, to be re- 
covered by action at the suit of the State in any Court of com- 
petent jurisdiction ; one-half of said penalty to be for the use 
of the State, and the other half to the use of the informer. 

Sec. 149. It shall not be lawful for any person or corpora- reed" m*^^ from 
tion to purchase or receive any phosphate rock or phosphatic censed. "°^ ^'' 
deposit dug, mined or removed from the navigable streams or q g. 66; r. 
waters or marshes of the State from any person or corporation ^' ^°^' ^^' 
not duly authorized by Act of the General Assembly of this 
State to dig, mine or remove such phosphate rock and phos- 
phatic deposit. 

Sec. 150. Any person or corporation violating the preceding penalty. 
Section shall forfeit to the State the sum of ten dollars ($10) g. s. 67; r. 
for each and every ton of phosphate rock or phosphatic deposit • '°^- ^• 
so purchased or received, to be recovered by action in any 
Court of competent jurisdiction; one-half of said forfeiture 
to be to the use of the State, the other half to the use of the 
informer. 

Sec. 151. Should any person whosoever interfere with, ob- take°%rocee^ 
struct, or molest, or attempt to interfere with, obstruct, or mo- v"lt inter?er- 

lest, the said Board of Phosphate Commissioners, or any onef!!!!! t 

by them authorized or licensed hereunder, in the peaceable 1890, xx., 693! 
possession and occupation for mining purposes of any of the 
marshes and navigable streams and waters of the State, then, 
and in that case, the said Board of Phosphate Commissioners 
are hereby authorized, and in the name and on behalf of the 
State of South Carolina, to take such measures or proceedings 



68 CIVIL CODE 

A. D. 1902. 

^ r — ' as they may be advised are proper to enjoin and terminate any 

such molestation, interference, or obstruction, and place the 
State, through its agents, the said Board of Phosphate Com- 
missioners, or any one under them authorized, in absolute and 
practical possession and occupation of the same. 
bo^tI^^dred^e°s^ ^^^' ^^^' Should any person or persons, corporation or cor- 
uni'icensed er^ porations, attempt to mine or remove phosphate rock and phos- 
sons; proceed- pj^a^^j(. dcposits from any of the said marshes and navigable 
force same. yyatcrs and Streams, including the aforesaid Coosaw River 
^6 ^' ^°^' phosphate territory, after the said first day of March, 1891, by 
and with any boat, vessels, marine dredge or other appliances 
for the same, without the leave or license of the said Board of 
Phosphate Commissioners thereto first had and obtained, all 
such boats, vessels, marine dredges and other appliances are 
hereby declared forfeited to and the property of the State of 
South Carolina, and it shall be the duty of the Attorney Gen- 
eral, for and in behalf of the State, to institute proceedings 
in any Court of competent jurisdiction for the claim and de- 
livery thereof, in the ordinary form of action for claim and 
delivery, in which actions the title of the State shall be estab- 
lished by the proof of the commission of any such act of for- 
feiture by the person or persons, corporation or corporations, 
owning the same, or their agents, in possession of such boats, 
vessels, marine dredges or other appliances : Provided, That 
in any such action the State shall not be called upon or required 
to give any bond or obligation as is required by parties plaintiff 
in action for claim and delivery, 
of oyster\'edI! ^60. 153. The Board of Sinking Fund Commissioners and 
^""^ ^~:the Fish Commissioners are hereby authorized and required to 
lioo^' ^establish, publish and enforce such regulations and rules as 
they may deem necessary to protect the natural oyster beds 
and shells of this State, for the use of citizens of this State, 
and prevent indiscriminate fishing for oysters therein. 



OF SOUTH CAROLINA. 



ARTICLE HI. 

Other Property of State — Miscellaneous Provisions. 




Sec. 

157. Manner of building regulated ; 

how enforced. 

158. Certain lands in Charleston 

vested in city. 

159. Certain lands in Beaufort 

vested in town. 

160. State House and grounds. 

161. Legislative Library. 

162. College buildings. 

163. Protection of lands from in- 

trusion and nuisance. 



Sec. 

154. Sullivan's Island. — Citizens 

may build dwelling houses 
on and be allowed half acre 
lot adjoining ; rent. 

155. Hold as tenants, from year to 

year, but must deliver up 
on Governor's demand with 
liberty to remove buildings ; 
assignability, &c., of title ; 
rights and remedies. 

156. Actual building of dwelling 

house essential to vest title 

to lot, within time limited. gujj i y a n's 

Section 154. Such of the citizens of this State as may think it — ; — '■ 

beneficial to their health to reside on Sullivan's Island during s. iio'; j.'r.! 

the summer season have liberty to build on the said island a 

dwelling and out-houses for their accommodation ; and the 

person or persons so building shall have the exclusive right to 

the same, and one-half acre of land adjoining thereto, as long 

as he, she, or they, may require, for the purposes aforesaid: 

Provided, The person or persons, building as aforesaid, pay 

to the Treasurer one penny annually, if required, for the use 

of the said land. g. s. 71; R. 

Sec. 155. The present owners of lots on Sullivan's Island, 609."^' 
whereon dwelling houses have been erected, and such citizens 
of this State as may hereafter build dwelling houses upon the 
said island, under the license granted by the preceding Section, 
shall be taken and deemed to have, and shall enjoy, the same 
rights, titles, and interests, as tenants, from year to year, in 
and to the lots now owned by them, respectively; upon con- 
dition, nevertheless, that they shall deliver up the same when 
demanded by the Governor of this State for the time being — 
he, she, or they having the liberty of removing the buildings 
which are now, or may hereafter be, erected on said lots. And 
the titles thereto shall be assignable, transferable, transmis- 
sible, and distributable, as estates for years now are, or here- 
after may be, by the laws of this State ; and the said owners 
shall have, take, and enjoy, and be entitled to use and employ 
all actions, suits and remedies, for securing their quiet and 
peaceable possession and enjoyment of their said lots, and res- 
titution and redress for any trespass, ouster, or injury which 
they may suffer, or may be committed upon them, as tenants 
for vears now have, or are entitled to. 



CIVIL CODE 



A. D. 1902. 



-»- ^ — — ^ Before enactment of this Section the occupants of the Island were mere tenants 

at will of the State, and a parol contract for sale of a house thereon was void 
under Statute of Frauds. — Whetmore v. Rhett, 12 Rich., 565. 

s ^'ifz-^^vf' ^^^' ^^^' ^^ exclusive right to a lot on the said island shall 

^31- be obtained by any citizen otherwise than by his actually build- 

ing a dwelling house thereon ; and if such dwelling house shall 
be removed or destroyed, the owner thereof shall have the ex- 
clusive right to rebuild on the same lot for one year thereafter ; 
and if no dwelling house be built by him within that period, 
such lot shall again be considered as vacant, 

jgjSuUi van's ggg^ ^57^ Hereafter no person shall erect, or cause to be 
G s 72- R ci'ected, more than one dwelling house on each half-acre lot 

s. 113; VII., in tjig town of Moultrieville, on Sullivan's Island; and if any 
person shall build, or attempt to build, such a dwelling house, 
such person may be compelled to desist from such building, 
and to remove the same, by the Court of Common Pleas; and 
it shall be lawful for the Intendant or any one of the Wardens 
of the said town to execute such order, under the direction of 
• the Sheriff of the County, or his lawful deputy. 
Certain lands Scc. 158. All vacaut land, not legally vested in individuals, 

in Bea ufort. i-^^ii • i- 

and Char 1 e s- m the harbor of Charleston, covered by water, is vested in 

ton Counties , /-■•/.,-., , r 1 i- 1 1 

the City of Charleston, for public purposes, but not to be so 

s. 1 1'4; 'lb.', used or disposed of as to obstruct or injure the navigation of 
said harbor. 
lb. Sec. 159. All the land lying directly and immediately in front 



G. s. 74; R- of the streets, in the town of Beaufort, which run northwardly 
335- ' ' and southwardly, and which extend to Bay Street, down to 
the channel of the river lying in front of the said town, whether 
the same be covered with the waters of the said river or not, 
shall, forever hereafter, be considered as the property of, and 
belonging to, the said town, and shall never be granted by any 
Governor of this State, or be otherwise vested in any individual 
or individuals, or any body corporate, unless it be by an Act 
of the Legislature passed for that purpose. And every grant 
which may, at any time hereafter, be obtained for any part of 
the said land, shall be ipso facto void. 
lb., 382. Such persons as may have obtained a right to any lots oppo- 

site the said streets, in the said town of Beaufort, previous to 
the 2 1 St day of December, 1798, shall be restricted forever 
from erecting any buildings thereon ; and shall be, and are 
hereby, confined to making, any improvements thereon, other 
than wharves, so as to leave the heads of said streets open and 
unobstructed. 



OF SOUTH CAROLINA. 




Sec. 160. The Secretary of State is ex officio Keeper of the 
State House and Grounds, and shall be charsred with the care §t^« House 

' ° and Grounds. 

of the property, including buildings, fencing, and the furniture ^ g — ^7^ 
and fixtures therein. He may make such repairs and improve- S- ns^; ib., 
ments thereon as may be necessary for their preservation. He 
shall be entitled as such Keeper to a salary at the rate of five 
hundred dollars. Convicts shall be employed in all the labor 
on and about the State House and Grounds which can be per- 
formed by them. 



Sec. 161. The sum of five hundred dollars shall be annually ^j^^^^i^iat i v e 



appropriated for the purchase of a library for the use of the 

members of the Senate and House of Representatives of this ^; 

State. ' ^jj^ ^^.^^ 

Sec. 162. The Comptroller General shall be, and he is hereby, ings. 
authorized and required, annually, to insure against 
college buildings at Columbia. 

Sec. 163. The Attorney General may, when, in his j^^dgment,^j^[°^^^*j^°j^ 
the interest of the State requires it, file and prosecute infor- intrusion and 

^ ' ^ nuisance. 

mations or other process against persons who intrude upon ^ g — — 
the lands, rights or property of the State, or commit or erect |g ^^^'> ^^^•• 
anv nuisance thereon. 



G. s. 77; R- 
117; v., 
24. 



fire the G. s. 78; R. 

S. 118; VI., 

139- 



CHAPTER VII. 



The Census. 



Sec. 



164. Census, when required ; to be 
taken according to this 
Chapter. 

Governor appoints Census 
Takers, who appoint their 
assistants. 

Oath of Census Takers and 
Assistants. 

Duties of Census Takers. 

Members of family must give 
information on oath ; pen- 
alty. 

Returns must be deposited 
with County Auditor under 
seal. 



165. 



166. 



167 
168 



169. 



Sec. 
170 



Division of County into Cen- 
sus Districts ; blanks and in- 
structions ; forwarding re- 
turns. 

171. Secretary of State to prepare 

books, &c., report results to 
Governor, and make returns 
to General Assembly. 

172. If Census Takers fail to com- 

ply with Census Law, Gov- 
ernor to have census taken. 

173. Pay of Census Takers ; Sec- 

retary of State may employ 
assistance in making his re- 
turns ; pay for. 



See Constitutional Provision for Census, Constitution 1895, Art. III., Sec. 3. 

Section 164. When a census of the inhabitants of the State is ,.^^"f"/i 7''^" 

requi r c q, to 

required to be taken, in pursuance of the Constitution, it shall cordi^ng^to th?s 
be taken and completed according to the provisions of this ciiapter. 
Chapter. ^- S- i^i. 




CIVIL CODE 



Sec. 165, The Governor is authorized and required to ap- 
a p^^oYST an P°^"^ °^^ persou in each County of the State, who shall be 
^a'ih^^Count^ charged with taking the census, and who shall be authorized to 
Enumer a t o r ^Ppo^^^ such assistants as may be necessary. 
a"*?nt^^assist° ^®^" ^^^' ^^^^ ^^^ cvery pcrson so appointed to take the 

^^ ^ census shall, before entering on the duties of his office, take, 

G. s. 80; R. before some Magistrate, the following oath, to wit : "I, A. 

S. 122; Con., o •> G> J > 

Art. Hi., XV., B,^ do solemnly swear (or affirm, as the case may be,) that I 

Enumerator ^^^^^ honestlv, faithfully, and impartially, take a correct census 

t o*^ t a^k'f ^a n ^^ ^^^ ^^^ inhabitants residing within the portion of the County 

oath. Certifi- to which I havc been appointed as Census Taker, and will, in 

cate of o a t h -^■'^ ^ ' 

must ace cm- all rcspccts, trulv perform all the duties with which I am 

pany census -^ - ^ 

return. charged I So help me God." And a certificate from the Magis- 

G. s. 81; R. trate who shall administer the said oath that the same has 

S. 123; lb. 

been duly taken before him shall accompany and be delivered 
with each and every return of the census. 
Census^ ¥a°i/ ^^^" ^^^ ' ^^ shall be the duty of each and every person ap- 

ers. pointed to take the census, to call personally on the head, or 

G. s. 82; R. some member, of each family in the County, or portion of the 
County for which he or they shall have been appointed, and 
obtain from such head of a famity, or member thereof, as afore- 
said, the number of persons contained in such family, and such 
information as may be required and directed by the Secretary 
of State. 
Members of Scc. 168. Each head, or member, of a family, shall, when 

fam 1 1 1 e s re- j ' ^ 

quired to give called on by the persons appointed to take the census, at their 

information _ ■' ^ _ ^^ ' 

under oath, residence or place of business, make, on oath or affirmation, a 

Penalty. -^ ' ' 

-—correct return of all persons of whom the family is composed, 

s. 125; lb. and also report such other information to said Census Takers 

as may be required by law ; and the persons so appointed to take 

the census are hereby authorized to administer such oaths ; and 

upon the failure of any person to make such returns or reports, 

when required, such person shall be subject to a penalty of 

twenty-five dollars, to be recovered in any Court of competent 

jurisdiction. 

be^deposited ^^^' ^^^- Upon the Completion of such returns and reports, 

Auditor°"under ^^^h Ccnsus Taker shall deposit the same, in a sealed package, 

^^^'" with the Auditor of his County, accompanied by a certificate, 

s.^'i2%^x'^;to be endorsed by some Magistrate, purporting that the fol- 
934- lowing oath had been duly taken by such Census Taker previ- 

ous to the delivery of such package to said Auditor, to wit : 'T, 
A. B., do solemnly swear (or affirm, as the case may be,) that 



OF SOUTH CAROLINA. 




this packet contains a just, true, correct and impartial return 
of all the inhabitants of the census district to which I have been 
appointed, and a faithful report of such information as was re- 
quired by the Secretary of State, so far as it was practicable to 
obtain the same : So help me God." 

Sec. 170. It shall be the duty of the Census Takers for the , County to be 

-^ . , divided into 

County, under the direction of the Secretary of State, to dividecensus dis- 

-" -^ ' . tncts. Blanks 

their several Counties into convenient districts for takingf the and instruc- 

"^ tions. Returns 

census, to distribute blanks, books, and instructions to the Cen- to be forward- 

' . ' ' . ed to the Sec- 

sus Takers, to receive their returns, which shall be completedr etary of 

' ^ State. 

and forwarded on or before 15th day of September to the Sec — 
retary of State, and to render such further assistance to said s. 127; ib. 
Secretary in the premises as that officer may direct. 

Sec. 171. It shall be the duty of the Secretary of State to ^ Secretary of 

-^ -^ State to pre- 

have prepared and forwarded to the Census Takers of each pare books, 

'■ ^ . , &c., report re- 

•County suitable books, blanks and instructions to facilitate the suits to Gover- 
nor, and make 
registration provided for herein, and the collection of such sta- return to Gen- 

... eral Assembly. 

tistical information as the Secretary of State may deem of suf — 
ficient importance to the people of this State; and when the s. 128; it. 
Census Takers shall have made the returns hereinbefore pro- 
vided for, the said Secretary of State shall forthwith report 
the results of such registration to the Governor of the State 
for the time being, and shall make a collated return of the sta- 
tistics to the General Assembly within one week after the be- 
ginning of the next regular session. 

Sec. 172. The Governor of the State for the time being shall, ^ ]i Census 

° Takers fail to 

immediately after receiving from the Secretary of State the comply with 

■^ . ^ .-^ census law, 

said report, examine the same, and m case it shall appear to pove rn o r to 

^ . . ^ ^ have ce n s u s 

him that any person or persons appointed to take the census taken. 

as aforesaid shall in anywise have failed to comply with the G. s. 87; R- 
duties imposed on him or them, either in taking the census or 
in making returns, he shall forthwith cause the same to be taken 
and returned wherever such defaults shall have been made. 

Sec. 173. The Census Takers emploved in taking the census Pay of Cen- 

^ - . . ^ sus Takers; 

shall be entitled to receive as compensation in full for all ser- Commissioner 

^ may em ploy 

vices rendered the sum of five (O cents for everv name taken, asis t a n c e to 

^y ^ - make census 

registered and returned in their reports to the Secretary of returns. 

State — said compensation to be paid upon warrants to be drawn g. s. ss ; R. 
by the Comptroller General whenever he shall have received 
satisfactory proof that the services of the claimant have been 
faithfully rendered ; and the Secretary of State is hereby au- 
thorized to employ such clerical service as will be necessary to 




CIVIL CODE 



assist him in collating and making his returns to the Governor 
and General Assembly, such service to be paid, on the Comp- 
troller General's warrant, on the application of the Secretary 
of State : Provided, That the said clerical services shall not ex- 
ceed the sum of three hundred dollars. 



TITLE II. 

OF ELECTIONS. 



Chapter VIII. The Qualiiication and Registration of Electors. 

Chapter IX. Location and Names of Voting Precincts. 

Chapter X. The Manner of Conducting Elections and 
Returning Votes. 

Chapter XL The Election of Representatives in Congress 
and Electors of President and Vice Presi- 
dent. 

Chapter XII. The Election of County Officers. 

Chapter XIII. Primary Elections. 



CHAPTER VIII. 

The Qualification and Registration of Electors. 



Sec. 

174. Qualification of Electors. 

175. Electors to be registered. 

176. Board of Registration, ap- 

pointment, term of office. 

177. Compensation of. 

178. Registration Boolss ; prepara- 

tion of. 

179. Opening and closing of books 

regulated. 

180. Duties Boards of Registra- 
tion ; appeals from. 

181. Persons registered before 
1898 ; rights, &c 

182. Persons registered since 

1898 ; rights, etc. 

183. Enrollment of registered vot- 

ers : when made. 

184. Minors may be registered if 

of age before next general 
election. 

185. Certificates of Registration. 

186. Transfer ; voters moving from 

one County to another. 



Sec. 



187. Revision of list of electors. 

188. Clerk of Court to report list 

of persons convicted of dis 
qualifying crimes. 

189. Magistrates to make similar 

reports. 

190. Effect of such reports as evi- 

dence. 

191. Where electors may vote. 

192. Where registration books 

shall be deposited. 

193. When furnished commission- 

ers of election. 

194. Who may vote in municipal 

elections. 

195. Registration for municipal 

elections. 

196. Books for, &c. 

197. Qualifications of electors in. 

198. Voting places in. 

199. Certificates of Registration in. 



OF SOUTH CAROLINA. 



Sec. 


Sec. 




200. Managers of municipal elec- 


202. 


Each Township 


tions, to be furnished re- 




precinct. 


gistration books. 






201. Oath required of applicant for 






registration. 








a polling 



The constitutionality of the former registration law was attempted to be raised 
before the Courts in Butler v. Ellerbe, 44 S. C, 256; 22 S. E., 425; but was not 
considered by the Court. 

Section 174. Every male citizen of this State and the United tor'^regiTt'r a- 
States twenty-one years of age and upwards, not laboring un- u°^^ist^'"il98! 
der disabilities named in the Constitution of 1895 of this State, 1896, xxii., 
who shall have been a resident in the State for two years, in i'^rt al'i 4.""' 
the County one year, in the polling precinct in which the elector 
offers to vote four months before any election, and shall 
have paid six months before any election any poll tax then 
due and payable, and who can both read and write any Section 
of the said Constitution submitted to him by the registration of- 
ficer or officers, or can show that he owns, and has paid all 
taxes collectible during the previous year on property in this 
State assessed at three hundred dollars or more, and who shall 
apply for registration, shall be reg-istered : Provided, That 
ministers in charge of an organized church and teachers of pub- 
lic schools shall be entitled to vote after six months' residence 
in the State if otherwise qualified : Provided, further. That quaiifiedy^ 
persons who are idiots, insane, paupers supported at the public 
expense, and persons confined in ar^y public prison shall be dis- 
qualified from being registered or voting: And provided, fur- 
ther, that persons convicted of burglary, arson, obtaining goods 
or money under false pretenses, perjury, forgery, robbery, 
bribery, adultery, bigamy, wife-beating, housebreaking, receiv- 
ing stolen goods, breach of trust with fraudulent intent, forni- 
cation, sodomy, incest, assault with intent to ravish, miscegena- 
tion and larceny, or crimes against the election laws, shall be 
disqualified from being registered or voting, unless such dis- 
qualification shall have been removed by the pardon of the 
Governor. 

Sec. 175. No person shall be allowed to vote at any election no pers o n 
hereafter to be held unless he shall have been registered as registered" ^^ 



herein required. 1896, xxii., 

Sec. 176. Between the first day of January and the fifteenth^'*' ^^' ^ ^' 
day of March, eighteen hundred and ninety-eight, and between 
said dates in every second year thereafter, the Governor shall 
appoint, by and with the advice and consent of the Senate, if in 



y6 CIVIL CODE 

A. D. 1902. 



Y-"-^ session, and if not in session subject to its approval at its next 

re^istra'u n^ ^^^^^°^' subject to removal by the Governor for incapacity, mis- 
qP°^"^j;™^ q/ conduct or neglect of duty, three competent and discreet per- 
^rm of office, gons in cach county, who shall be citizens and qualified electors 
~^^~^—^^~ thereof, and who shall be known as the Board of Registration 

34, § 4.ganKi. gf County, whosc duty it shall be to register and 

XXII., 703. |-Q conduct the registration of the electors who shall apply for 
registration in such county as herein required. Their office 
shall be at the county seat, and they shall keep record of all 
their official acts and proceedings. Their term of office shall 
be for two years from the date of their appointment, and they 
shall continue in office until their successors shall have been ap- 
pointed and shall qualify : Provided, That in case of a vacancy 
from any cause in the office of Board of Registration, the Gov- 
ernor shall fill such vacancy, by and with the consent of the 
Senate as aforesaid, 
tion""?? ^ mim- '^^^' ^^^ ' The Compensation of cach member of the Boards of 
Qf"j^|gj^°^/ff Registration to be appointed under Section 176 shall be one 

^^°°- hundred dollars for each election year and fifty dollars for each 

34 ^amen^e d' °^ year. The said compensation or salaries shall be paid quar- 
704^' "^^^^•' terly by the State Treasurer upon the warrant of the Comp- 
troller General. The said Boards of Registration shall keep 
their offices open on the days required by law from nine o'clock 
in the forenoon until three o'clock in the afternoon. 
Books and Scc. 178. The Secretary of State shall cause to be prepared 
prepared. ^ Sufficient number of registration books and blanks, so that 
1896, XXII.; there shall be two of said books for each voting place in each 
voting precinct in each County, which books shall be ruled in 
columns, with proper headings, so as to indicate the name, age 
and place of residence of each registered elector in such polling 
precinct, with a separate column at the right side of the page 
for such entries or remarks as may be necessary. He shall also 
cause to be prepared two books for each County, in which 
shall be entered the names of all persons registered up 
to the first day of January, eighteen hundred and ninety-eight, 
which books when prepared by the Board of Registration to be 
appointed under Section 3 of an Act to provide for the regis- 
tration of all electors in this State qualified to vote in State, 
County, Municipal, Congressional and Presidential elections, 
approved 5th March, 1896, and sworn to by the members of 
said Boards shall be filed on or before February ist, eighteen 
hundred and ninetv-eight, one in the office of the Secretar}^ of 



OF SOUTH CAROLINA. ^^ 

A. D. 1902. 



State and one in the office of the Clerk of the Court of Com- ' , ' 

mon Pleas for each County. He shall also cause to be pre- 
pared such books and blanks as may be necessary for the regis- 
tration of electors after the first of January, eighteen hundred 
and ninety-eight, and he shall at any time provide additional 
books or blanks to supply the places of such as may be defaced, 
destroyed, mutilated or filled up. ^^^j^^^ ^^^^^ 

Sec. 179. The Supervisors of Registration for the several opened . 

Counties of this State, shall hold in every general election year, ^^^^' xxni., 
in each and every city or town in their respective counties, con- 
taining over five hundred inhabitants, at such time as may be 
designated by the Board of Registration, after two weeks' no- 
tice posted in such town or city, one meeting, at which shall 
be registered such qualified electors of the county as may pre- 
sent themselves. The books of registration shall be also opened 
on the first Monday of each month, at the Court House, for 
the registration of electors entitled to registration under said .^j^'f'.^^^^^'' 
Constitution, and kept open for three successive days in each 
month until thirty days before the general election of eighteen 
hundred and ninety-eight, when they shall be closed until the 
general election shall have taken place : Provided, That such 
persons as shall become of age during the said thirty days shall 
be entitled to registration before the closing of the books if 
otherwise qualified. After each succeeding general election the 
registration books shall be open for the registration of electors 
entitled to registration under the Constitution on the first Mon- 
day in each month at the Court House until thirty days preced- 
ing any general election, when the same shall be closed until 
such general election shall have taken place : Provided, That 
such persons as may come of age between the closing of the 
books' and the election shall be entitled to registration before 
the closing of the books, if otherwise qualified. The registra- 
tion books shall be in like manner closed thirty days before any 
special election. 

Sec. 180. The Boards of Registration to be appointed under Duties of 
Section 3 of said Act shall up to and including the first Janu- istration. 
ary, 1898, judge of the qualifications of all applicants for re- Right of ap- 

gistration. Any person denied registration shall have the right '■ 

of appeal from the decision of the Board of Registration deny- 38, § 8. 
ing him registration to the Court of Common Pleas of the 
County or any Judge thereof, and thence to the Supreme Court ; 
and on such appeal the hearing shall be de^ novo. Any person 




CIVIL CODE 



denied registration and desiring to appeal must within ten days 
Appeal, how after the decision of the Board of Registration is made file with 

taken. ° 

the said Board a written notice of such notice of his intention 
to appeal therefrom. After the expiration of ten days from 
the filing of such notice of intention to appeal the board of reg- 
istration shall file with the Clerk of the Court of Common 
Pleas for the County the notice of intention to appeal 
and any papers in their possession relating to the case, 
and a report of the case if they deem proper. The Clerk 
of the Court shall file the same and enter the case on a special 
When heard dockct to be knowu as Calendar No. 4. If the appellant desires 
at chambers. ^|-jg appeal to be heard by a Judge at chambers he shall give 
every member of the Board of Registration four days' written 
notice of the time and place of the hearing. From the decision 
of the Court of Common Pleas, or any Judge thereof, the ap- 
pellant or any duly qualified elector of the County may further 
appeal to the Supreme Court by filing a written notice of his 
p e^i^i^to°^ Su- intention to appeal therefrom in the office of the Clerk of the 
preme Court. (^Qurt of Common Plcas within ten days after such decision is 
filed, and within said time serving a copy of such notice on 
every member of the Board of Registration. Thereupon the 
Clerk of the Court of Common Pleas shall certify all the pa- 
pers in the case to the Clerk of the Supreme Court within ten 
days after the filing of such notice of intention to appeal. The 
Clerk of the Supreme Court shall place the case on a special 
How heard. (jQ^ket, and it shall come up for hearing upon the call thereof, 
under such rules as the Supreme Court may make. If such ap- 
peal be filed with the Clerk of the Supreme Court at a time 
that a session thereof will not be held between the date of filing 
and an election, at which the appellant will be entitled to vote 
if registered, the Chief Justice, or if he is unable to act or dis- 
qualified the senior Associate Justice, shall call an extra term 
of the Court to hear and determine the case. 
Registe re d gcc. 181. All persons registered on or before Januarv first, 

electors before r- o j j ' 

January, 1898, eighteen hundred and ninety-eight, shall remain during life 

to remain so. => ^ o ' o 

18 6 XXII qualified electors, unless afterwards disqualified by the pro- 

38, § 9- visions of the said Constitution. The certificate of the Clerk of 

the Court, or of the Secretary of State, that the name of any 

person appears on the books or records hereinbefore required to 

Right to vote, (^g £ig(j {^ their respective offices by the Boards of Registration 

how establish- sr j o 

«<i- shall be sufficient evidence to establish the right of such person 

to any subsequent registration and the franchise under the limi- 
tations imposed in the said Constitution. 



OF SOUTH CAROLINA. 




Sec. 182. After the first of January, eighteen hundred and 
nmety-eight, the Board of Registration to be appointed under ^^^°^^ [^^^ i°. 
Section 176 shall judge of the legal qualifications offj^^^^ oT^appit- 
all applicants for registration. From their decision appeals j^^j^^^*^.?,^ f^^^^ 
may be taken to the Court of Common Pleas, or any judge "~7j,~~^ 



10, 



704. 



thereof, and thence to the Supreme Court, and the mode of ap- xxii.' 
peal shall be the same as prescribed in Section 180. Appeals. 

Sec. 183. An enrollment of persons not previously registered Enrollment 
and entitled to registration shall be made annually by the Board voterf T^^vhen 

of Registration until the year nineteen hundred and eight, when '"^'^^- 

an enrollment of all electors shall be made, and thereafter there .„i^^^^-' ^ 8; 
shall be the same annual enrollment of electors, and the same 
general enrollment of electors ever}^ tenth year as above pro- 
vided. 

Persons who 



Sec. 184. In case any person shall not have attained the age ^iu "be 



enti 



of twenty-one years before the closing of the books of registra- ^l^t *eie^t^f o^n 
tion preceding any election, and shall attain such age before ^f\^j ^n^ ^P^tj; 
such election, and shall appear before the Board of Registra- [gtered. ^^ ''^^' 
tion, and shall make application under oath to the facts above xxii., 38^ 
stated entitling him to registration, if he be otherwise duly ^°^- 
qualified, the Board of Registration shall register such appli- 
cant. Any person not laboring under the disabilities named in 
the Constitution and whose qualifications as an elector will be 
completed after the closing of the registration books, but be- 
fore the next election, shall have the right to apply for and se- 
cure a registration certificate at any time within sixty days im- 
mediately preceding the closing of such books. From the de- 
cision of the Board of Registration a like appeal may be taken 
as in other cases and in like manner. 

Sec. 185. Each elector registered as aforesaid shall there- ^^^^^|'®*^^^ ^^^^ 
upon be furnished by the Board of Registration if registered certificates'!^'*^ 
before or on the first day of January, 1898, or by the Boards of ~^^3^Y77~^ 
Registration if registered after the first day of January, 1898, 705. 
with a certificate of registration, which shall contain a state- 
ment of his name, age and place of residence as entered in the 
registration books, and such certificate shall be signed by at 
least two of the members of the Board of Registration. The 
certificate shall be of the following form : 




CIVIL CODE 



STATE OF SOUTH CAROLINA. 

istrat'ionfertlf: Registration Certificate No 

This IS to certify that is a registered elector of the 

election district of County of , resides in 

township or parish or ward, is years of age, 

and is entitled to vote at voting place, in 

polling precinct, if otherwise qualified. 

Registered on the day of , 19 . . . 



How one Members of the Board of Registration of County. 

moving from ° -' 

anotiPer""ma*y Section 186. In case of the removal of an elector from one 
change"?^^'^^*^ Couuty to auothcr he shall notify the Board of Registration of 
1896, XXII., the County to which he has removed, presenting his registration 
'^°' ^ ^'^' certificate for the County from which he has removed. The 
said Board of Registration shall take the name of such elector 
and the number of his certificate, and ascertain m writing from 
the Board of Registration of the County from which such elec- 
tor has removed whether he is a duly registered elector of latter 
County. If found to be duly registered, the Board of the County 
to which such elector has removed shall register such elector, it 
otherwise qualified, and notify the Board of the County from 
which he has removed that he has been so registered, where- 
upon his name shall be stricken from the books of the latter 
County. 
ce?t!ficaIl!iio\v Evcry registered elector shall be entitled to a re- 
made, ^^^"newal of his certificate without fee or charge, when the same 
lb., 41, § IS. becomes defaced or mutilated, upon the surrender of such de- 
faced or mutilated certificate to the Board of Registration, if he 
is still a qualified elector under the provisions of said Constitu- 
tion or if he has been registered under said provisions before 
the 1st Jan., 1898. In case of the loss of or destruction of a cer- 
tificate, any elector registered on or before the first of January, 
1898, he shall be entitled to another certificate of registration 
upon application and proof of destruction or loss on presenting 
to the Board of Registration a certificate of the Clerk of the 



OF SOUTH CAROLINA. 



A. D. 1902. 



Court of Common Pleas of his County, or of the Secretary of ^-^-v'*-' 
State, that his name appears as a registered voter on the books 
or records filed in their respective offices, if still otherwise 
qualified. And any elector registered after the first of Janu- 
ary, 1898, shall be entitled to another certificate of registration, 
upon application and proof of such destruction or loss, if his 
name appears upon the annual or general enrollment made by 
the Board of Registration, and if otherwise still qualified. Any 
such elector shall have a like right of appeal from the decision 
of the Board of Registration as in cases of original registration. 

Sec. 187. The Board of Registration shall revise the list of ^ -^"^^^It "i 
registered electors at least ten days preceding each election, and ^^^'^*°'"^' 
shall erase therefrom the names of all registered electors who '^^■' ^ '^" 
may have become disqualified, or who, upon satisfactory evi- 
dence, may appear to have died, or removed from their respec- 
tive Counties, or who may have been illegally or fraudulently 
registered : Provided, That any one who may deem himself 
injured by such an act may have the same right of appeal to 
the Court of Common Pleas or any Judge thereof, as herein- Right of ap- 
before provided for persons who have been denied registration. ^^^ ' 

Sec. 188. The Clerk of the Court of General Sessions and cierk of 
Common Pleas for each County shall on or before the fifteenth erai Sessio n s 
day of October, 1902, and biennially thereafter on or before male persons 

convic ted of 

the same day of the same month, make out and report to the disqualify i n g 

Boards of Registration for their respective Counties a com '- 

plete list of all male persons convicted prior to the first day of " ' 
October, 1896, and during every two years thereafter of the 
following offenses, to wit : Burglary, arson, obtaining goods 
or money under false pretenses, perjury, forgery, robbery, brib- 
ery, adultery, bigamy, wife beating, housebreaking, receiving 
stolen goods, breach of trust with fraudulent intent, fornica- 
tion, sodomy, incest, assault with intent to ravish, miscegena- 
tion, and larceny, or crimes against the election laws. Such 
report must be accompanied by the certificate of the Clerk that 
the report is correct as appears from the records of his office. 

Sec. 189. Every Magistrate in the State shall on or before Magistrates 

. to make simi- 

the fifteenth day of October, 1902, and biennially thereafter on lar reports. 
or before the same day of the same month, make out under his ^^•' § 18. 
hand and seal, and report to the Board of Registration of his 
County, a complete list of all the male persons convicted before 
him of any of the offenses mentioned in the preceding Section 
prior to the first day of October, 1902, and during every two 

6.— C 



82 CIVIL CODE 

A. D. 1902. 



'' y ' years thereafter, or before any of his predecessors whose trial 

docket is in his possession during the two preceding years, or 
the period following his last previous report, or the last previ- 
uos report by his predecessor. Any Magistrate or Clerk of the 
Court who shall fail to make or neglect to make such report as 
required by this and the preceding Section shall forfeit and pay 
to the County in which he holds his office the sum of fifty dol- 
lars for each and every such failure or neglect to make such 
report. 
p fiml^Tacfe ^^^' ^^^' '^^^ rcports provided for in the two preceding Sec- 
evidence. tious shall be rcceivcd by the Board of Registration as prima 
lb., 43, § 19- facie evidence of the facts stated therein, and the said Board 
shall immediately erase the names of all such persons from the 
registration books or records in their County, and such 
person shall not be thereafter allowed to register or 
to vote unless such person shall present to the Board a 
Such persons P^^don from the Governor or shall prove that they were never 
5?°*^ j^^g'°^^^ ^° convicted of the offenses stated in such certificate, in which 
^ardoned ' ^ ^ ^ cascs their uamcs shall thereupon be restored to the registration 
books or records as completely and effectually as if it had never 
been stricken therefrom. The said Boards are required when- 
ever the names of any electors are thus stricken from the books 
of registration to furnish a list of such names to the Clerk of 
Court and the Secretary of State, and they shall erase from the 
record of registered electors on file in their respective offices 
the names of such electors. 
Places for Scc. 191. Evcry elector shall vote at the polling place in the 
polling precinct at which and in which his registration certifi- 
cate entitled him to vote. When a new voting precinct is es- 
tablished by law it shall be the duty of the Board of Registra- 
tion to transfer from the books of /egistration the names of 
such electors registered to vote in other voting precincts as 
should hereunder register and vote in the new voting precinct, 
and to issue to such electors as may apply new registration cer- 
tificates for such new polling precinct, and such elector shall 
thereafter vote in the new polling precinct to which they have 
Removal from j^ggn transferred. In case of the removal of an elector from one 

one voting 

place to an- precinct to another in the same County, such elector shall no- 
tify the Board of Registration of such County, and surrender 
his certificate. And the said Board shall note the fact upon the 
proper book and give to the elector a certificate for registration 
for the precinct into which he has removed. When one voting 



OF SOUTH CAROLINA. 




place has been changed to another in the same township or poll- 
ing precinct, or where the name of the voting place has been 
changed since the last general election, the registration of elec- 
tors for the former voting place shall be valid and effectual 
for the new voting place. Any registered elector who may re- 
side nearer to a voting place in his polling precinct than the 
one at which he is entitled to vote, and desires to vote at such 
nearer voting place, shall, upon the surrender of his certificate ^o^^^f'Jj'ga^g^s^ 
of registration, be entitled to a new certificate entitling him to^"^^" 
vote at such nearer voting place. 

Sec. 192. The Board of Registration shall deposit the books deS°^fed^wUh 
and other records of registration for safe-keeping in the office ^^^^.[^^ °^ 
of the Clerk of the Court of Common Pleas for their County, j^,^ ^^_ g ^i. 
who shall keep the same with the other records in said office. 

The registration books and records shall be public records reTO°tk^ ^h o'w 
open to the inspection of any citizen at all times, and shall not '^^p*- 
be removed from the office of the Clerk of the Court by any per- 
son except the Board of Registration who are authorized to 
take and keep the same as long as may be necessary to enable 
them to perform the duties herein imposed on them : 
Provided, That the books and records of registration shall not 
be kept anywhere else than in the office of the Clerk of the 
Court of Common Pleas or in the office of the Board of Regis- 
tration except when used by the Board in the several polling 
precincts as required by this Act. 

Sec. 193. Immediately preceding each general election or ,^ o^oTf'to'^'be 
any special election, the Board of Registration shall furnish each'^pr^ednct.'^ 
to the Commissioners of Election for their County two regis- ^^^ ^^^ §"227 
tration books for each polling precinct in their County, contain- 
ing in each the names of all electors entitled to vote at such 
precinct ; and no elector shall vote in any polling precinct unless ^.^jg ^^ ° "^ ^ ^ 
his name appears on the registration books for that precinct : 
Provided, That in case the name of any registered elector does 
not appear, or incorrectly appears, on the registration books of 
his polling precinct, he shall, nevertheless, be entitled to vote 
upon the production and presentation to the Managers of Elec- 
tion of such precinct (in addition to his registration certificate) 
of a certificate of the Clerk of Court of Common Pleas that his 
name is enrolled in the registration book or record of his 
County on file in said Clerk's office, or a certificate of the Secre- 
tary of State that his name is enrolled in the registration book or 
record of his County on file in the office of the Secretary of State, 



84 CIVIL CODE 

A. D. 1902. 



^'-'^Y-^^ or prior to the filing of such books or records on or before the 
first of February, 1898, in the offices of the Clerk and Secretary 
of State a certificate of a member of the Board of Registration 
of his County that his name is enrolled on the County registra- 
tion book or records ; and it shall be the duty of the Clerk or 
the Secretary of State, or a member of the Board of Registra- 
tion, to furnish such certificate without cost or charge upon 
demand of any such elector whose name appears upon the re- 
gistration books or records of his County on file in the office 
of the Clerk of Court or in the ofhce of the Secretary of State. 
ers^°or'Tiec- The Commissioners of Election shall turn over said books to 

tion 
over 



said books ^^s Managers of Election of each polling precmct, who shall 

^^gyg^^ ^^^' be responsible for the care and custody of said books and the 

return thereof to the Commissioners within three days after 

such election. The Commissioners of Election shall return 

such books to the Board of Registration within twenty days 

after such election. 

Who entitled S®^- 1^^' Every male citizen of this State and of the United 

rdcTp^aTeiec- States of the age of twenty-one 3'ears and upwards, having all 

^^°"''^" the qualifications mentioned in Section 174, and who 

Jb., 23. i^^g resided within the corporate limits of any incorporated 
city or town in this State for four months previous to any mu- 
nicipal election, and has paid all taxes due and collectible for 
the precedmg fiscal year, and who has been registered as here- 
inafter required, shall be entitled to vote at all municipal elec- 
tions of his city or town. 

Sec. 195. Ninety days before the holding of a regular elec- 
tion in any incorporated city or town in this State the Mayor or 
Intendant thereof shall appoint one discreet individual who is 
a qualified elector of such municipality as Supervisor of Re- 
Munic i p a 1 gistratiou for such city or town, whose duty it shall be to re- 
iiow^*made° " ' gistcr all qualfiied electors within the limits of the incorporated 
lb. 24. city or tow^n. The names of all qualified electors of such muni- 
cipality shall be entered in a book of registration, which at 
least one week before the election and immediately after the 
holding of the election shall be filed in the office of the Clerk or 
Recorder of such city or town, and shall be a public record open 
to the inspection of any citizen at all times. Such registration 
shall be used for all special elections in the municipality until 
ninety days preceding the next regular election : Provided, 
That in cities of over fifty thousand inhabitants there shall be 
appointed three Supervisors, who shall represent different po- 



OF SOUTH CAROLINA. 




litical parties or factions of parties. Immediately preceding 
any municipal election to be held in any incorporated city or 
town in this State, the Supervisor or Supervisors of Registra- 
tion (as the case may be) shall prepare for the use of the Man- 
agers of Election of each polling precinct in such city or town 
a registration book or books for each polling precinct in such 
city or town containing the names of all electors entitled to 
vote in such polling precinct at said election. 

Sec. 196. It shall be the duty of the Mayor or Intendant of ^^ be°furntsh- 
incorporated cities or towns to cause to be prepared and furn- ^'^• 
ished suitable books of registration and all stationery and 
blanks necessary for the registration of electors. 

Sec. 197. The Supervisor or Supervisors of Registration (aSfQ"^^ggfg^*'°"^ 
the case may be) shall judge of the qualifications of all appli- Jg°^;j,^°^ '^^' 
cants for registration. The production of a certificate of regis- 
tration from the Board or Supervisor of Registration of the 
County entitling the applicant to vote in a polling precinct within 
the incorporated city or town in which the applicant desires to 
vote shall be a condition prerequisite to the applicant's obtaining 
a certificate of registration for municipal elections ; and the pro- 
duction of such certificate and proof of his residence within the 
limits of the municipality for four months preceding such elec- 
tion and the payment of all taxes assessed against him due and 
collectible for the previous fiscal year shall entitle the applicant 
to registration. From the decision of the municipal Supervisor ^ ^^^^ ®' 
any applicant may appeal to the Court of Common Pleas, or 
any Judge thereof, and from thence to the Supreme Court, and 
the mode of appeal shall be the same as provided in Section i8o. 

Sec. 198. In incorporated cities or towns in which there are piace of vot- 
more than one polling precinct, every elector shall vote at the ^"^" 
polling precinct in which his registration certificate entitles 
him to vote. 

Sec. 199. Each elector registered by the municipal Super- Eie c t o r to 
visor or Supervisors of Registration (as the case may be) cate! 
shall be furnished by such Supervisor or Supervisors (as the 
case may be) with a certificate, which shall be of the following 
form: 

State of South Carolina, City or Town of Form of. 

Registration Certificate for Municipal Election, 
Number . . . . , Ward .... 

This is to certify that is a qualified elector of the 

city or town of , resides in Ward , is 




CIVIL CODE 



years of age, and is entitled to vote in the municipal election on 

the day of , i 

the day day of , i . . . . 

Registered on the day of , i 



'Supervisor of Registration." 



or 

"Supervisors of Registration." 
EiecfkirfTo^ be ^^^' ^^^' Bcforc any municipal election to be held in any 
furnished with incorporated citv or town in this State after the general election 

registr a 1 1 o n -^ - o 

books. of 1896, the municipal Supervisor or Supervisors of Registra- 

tion (as the case may be) shall furnish the Managers of Elec- 
tions with the book or books of registration for the city or town 
or precinct thereof, prepared by him or them for the use of the 
Managers of Election as prescribed in the preceding Section, 
195, which they shall return to the Supervisor or Supervisors 
(as the case may be) within three days after the election; and 
no elector shall be allowed to vote in any municipal election 
whose name is not registered as herein provided, or who does 
not produce a municipal registration certificate at the polls : 
Provided, That in case the name of any registered elector does 
not appear, or incorrectly appears, on the registration books of 
his polling precinct, he shall nevertheless be entitled to vote, 
upon the production and presentation to the Managers of Elec- 
tion of such precinct (in addition to his municipal registration 
certificate) a certificate of the Clerk or Recorder of such city or 
town that his name is enrolled in the registration books of his 
city or town, on file in the office of said Clerk or Recorder, and 
it shall be the duty of said Clerk or Recorder to furnish such 
certificate without cost or charge upon demand of any such 
elector whose name appears on the registration book of his city 
or town on file in the office of said Clerk or Recorder. 

Sec. 201. Every applicant for registration, including muni- 
ed^of^^^^^'^H- ^^P^^ registration, shall first take the following oath, to be ad- 

^^"^- ministered to him by the Board or the Supervisor, or Supervis- 

ib. 30. Qj-g Qf Registration, (as the case may be) : "I do solemnly 
swear (or affirm) that I am a male citizen of this State and of 
the United States ; that I am twenty-one years of age or more ; 
that I have resided in this State for two years, and in this 
County for one year, and in the polling precinct in which I ap- 



OF SOUTH CAROLINA. 




ply to be registered and in which I will offer to vote if regis- 
tered for four months ; and that I have not been convicted of 
burglary, arson, obtaining goods or money under false pre- 
tences, perjury, forgery, robbery, bribery, adultery, bigamy, 
wife beating, housebreaking, receiving stolen goods, breach of 
trust with fraudulent intent, fornication, sodomy, incest, as- 
sault with intent to ravish, miscegenation, larceny, or crimes 
against the election laws." 

Sec. 202. Each township as now or hereafter laid out and ^^^^^'^^ p^iiT"g 
defined in the several Counties of this State, and m those Coun- p^ecmct. 
ties where there are no such townships, the parish as formerly 
known and defined, is declared a polling precinct. In all cities 
and towns containing five thousand inhabitants or more, where 
the same is divided into wards, each ward shall be a polling 
precinct ; and in the city of Charleston the polling precincts shall 
be the same as the voting precincts now established in the sev- 
eral wards of said city by law, and in the County of Richland 
that portion of Columbia Township outside of the corporate 
limits of the city of Columbia (as the said limits are now or 
may hereafter be by law established) shall constitute a separate 
polling precinct. The voting places within these polling pre- 
cincts shall be the same as now or hereafter established by law : 
Provided, When there are more than one voting place in the 
polling precincts the electors for that precinct can vote at either 
polling place, to be designated on his certificate of registration 
by Board of Registration or Supervisor of Registration. 



CHAPTER IX. 

Location and Names of Voting Precincts. 

203. Location and names of voting . 204. Registration certificates may 
precincts. | be clianged ; when. 

Section 203. At all general elections held in this State, the 
same shall be conducted at the voting precincts which are hereby 
fixed by law, in the various Counties, cities and towns of this 
State, the number, location and names of which are, and shall 
be, as hereinafter designated, to wit : 

Abbeville. — In the County of Abbeville there shall be voting voting places 
places as follows : Abbeville Court House, Mount Carmel, county. 
Willington, Donaldsville, Due West, Antreville, Lowndesville, 1900, xxiii., 
Magnolia, Central School House in Long Cane Township, ^ 
Clotworthy's Cross Roads, McCormick, Bryants' Cross Roads, 
Keowee and Rock Springs. 



88 CIVIL CODE 

A. D. 1902. • ~ 

^ Y ' Aiken. — In the County of Aiken there shall be the following 

Voting places yQi-ing- places : Aiken Court House, Bath Mills, Banks' Mill, 

County. Creed's Store, Eureka, Fountain Academy, Graniteville, Ham- 

^^- burg, Kneece's Mill, Langley, Talatha Postoffice, Montmorenci, 

Oak Grove School House, Otts, Page & Hankinson's Store, 

Perry, Sally's, Seivern, Sylverton, Sunny Side, Wagener, 

Windsor, Vaucluse, Ellenton, White Pond and Warrenville. 

Coun^*^*^^""" Anderson. — In the County of Anderson there shall be voting 

Y^ places as follows: Anderson Court House, Belton, Crayton- 

ville, Centreville, Pendleton, Sandy Springs, Five Forks, Hope- 
well School House, Greenwood, Williamston, Honea Path, 
Clinkscales, Milford's, Cedar Wreath School House, Moffetts- 
ville, Williford's Store, Broyle's Mill, Tugaloo Academy, Starr, 
Iva, Piedmont Factory, Holland's Store, Pelzer, Hunter's 
Springs, Flat Rock, Neal's Creek Church, Cedar Grove Church, 
Bethany, Townville and Mt. Tabor. 
In Bamberg Bambergf. — In the County of Bamberg there shall be the fol- 

County. =" J ii 

lowing voting places : Bamberg, Denmark, Olar, Midway, 

Ehrhardt, Kearse's Mill, Farrell's Store and Govan. 
In Barnwell Barnwcll. — In the County of Barnwell there shall be the fol- 

County 

— lowing voting places : Allendale, Barnwell, Baldoc, Blackville, 

Erwinton, Jerry Snellings, Robbins, Kline, Mixon's Mill, Tin- 
ker's Creek School House, Sycamore, Ulmers, Millett, Willis- 
ton, Elko, Hercules Creek School House and Fairfax. 
In Beaufort Beaufort. — In the County of Beaufort there shall be the fol- 

County. ■' 

— — - lowing voting places : Beaufort, Port Royal, Grahamville, 

Gardener's Corner, Hardeeville, Bluffton, Barrel Landing, 

Lady's Island, Cherry Hill, Brick Church and Paris Island. 

In Berkeley Berkeley. — In the County of Berkeley there shall be voting 

places as follows : In the Parishes of St. Thomas and St. Den- 

To, 

nis. Muster House and Bates' Still ; in the Parish of St. James 
Santee ; Henderson's Store ; in the Parish of St. Stephen's, St. 
Stephens Depot and Gumville ; in the Parish of St. John's, Berk- 
eley; Calamus Pond, Black Oak, Strawberry Ferry, Pinopolis, 
Cross Graded School and Biggin Church ; in the Parish of St. 
James Goose Creek, Holly Hill, Hilton's Cross Roads, Cooper's 
Store and Cam's Cross Roads. 
Charleston ^^ ^^ County of Charleston, outside the corporate limits of 
i8 6 XXII ^^^ ^^^3^ °^ Charleston, there shall be voting places as follows : 
so- ' Public school house grounds on James Island, Moultrieville, 

McClellanville, at or near Awendaw Bridge, in the Parish of 
St. James Santee; Mount Pleasant, in Christ Church Parish; 



OF SOUTH CAROLINA. 




Brick Church, in St. Andrew's Parish; Cedar Springs, on 
John's Island; Enterprise Postoffice, on Wadmalaw Island; 
Camp Ground, on Edisto Island; and on Meeting Street Road 
outside of the corporate limits of the city of Charleston, and 
at the nearest available place to said corporate limits : Pro- 
vided, That nothing herein contained shall be construed to vary 
or affect the location of the voting precincts within the limits 
of the city of Charleston as now established by law. The regis- predncts to 
tration and voting precincts in the County of Charleston within wa'rds.° ^ " *° 
the limits of the city of Charleston shall hereafter conform to 1890, xx., 
the Wards in which the City of Charleston is now by law di- 7^3- 
vided, and registration and voting precincts are hereby estab- 
lished therein, as follows: The first precinct of Ward One „f ^'^^p^^'=J"'=* 
shall embrace all that portion of said Ward South of Broad 
street. East of Church street to Water street. South of Water 
street to Meeting street. East of Meeting street to South Bay 
street. The poll shall be held at or near the corner of Church Polling place. 
and Water streets. The second precinct of Ward One shall Second p r e- 
embrace all that portion of said Ward South of Broad street. 
East of King street, West of Church street to Water street to 
Meeting street, West of Meeting street to South Bay street. 
The poll shall be held at or near the corner of Meeting and ^"^'^"s place. 
Tradd streets. The first precinct of Ward Two shall embrace First precinct 
all that portion of said Ward South of Broad street. West of ° 
King street to South Bay street, including South side of said 
street to Ashley River, East of Legare street to Tradd street. 
North of Tradd to Logan street, East of Logan to Broad street. 
The poll shall be held at or near the corner of King and Tradd Polling place, 
streets. The second precinct of Ward Two shall embrace all Second p r e- 
that portion of said Ward South of Broad street. West of Lo- 
gan street to Tradd street, South of Tradd to Legare street, 
West of Legare street to Ashley River. The poll shall be held Polling place. 
at or near the corner of New and Broad streets. The first pre- First precinct 
cinct of Ward Three shall embrace all that portion of said 
Ward North of Broad street. South of Hasel street, East of 
Church street and Maiden Lane. The poll shall be held at or poiiing place. 
near the corner of State and Cumberland streets. The second second p r e- 
precinct of Ward Three shall embrace all that portion of said*^ 
Ward North of Broad street. South of Hasel street. East of 
Church street and Maiden Lane and East of King street. The 
poll shall be held at Market Hall. The first precinct of Ward p°"'"^ p'"^^- 
Four shall embrace all that portion of said Ward North of „f\\?* ?!"""<=* 



)o CIVIL CODE 

A. D. 1902. 



■-^--r—^ Broad street, South of Wentworth street, West of King street 
Polling place, ^^^j £^g^ ^^ Mazyck and Coming streets. The poll shall be 
held at or near the corner of Archdale and Beaufain streets. 
cinrto°fWard4!The second precinct of Ward Four shall embrace all that por- 
tion of said Ward North of Broad street, South of Wentworth 
Polling place, g^j-g^^^ ^^g^ ^f Mazyck and Coming streets. The poll shall be 
of 'wa^d^T*^* held at or near the comer of Smith and Beaufain streets. The 
first precinct of Ward Five shall embrace all that portion of 
said Ward North of Hazel street, South of Calhoun street and 
Polling place. £^g^ q,£ Ausou Street. The poll shall be held at or near the cor- 
cin1:to°Avard5!"6^ of Laurcns and Middle streets. The second precinct of 
Ward Five shall embrace all that portion of said Ward North 
of Hazel street. South of Calhoun street. West of Anson and 

Polling place. ^^^^^ ^f j^-^^^ g^^.^^^^ -pj^^ p^jj gj^^jj ^^ j^^j^ ^^ ^^ ^^^^ ^j^^ ^^^_ 

ofwirfe'""' ner Meeting and Society streets. The first precinct of Ward 
Six shall embrace all that portion of said Ward North of 
Wentworth street. South of Calhoun street. West of King 

Polling place, g^^.^^^ ^^^ g^g^ ^f pj^^ g^^.^^^ ^^^ p^jj gj^^jj ^^ j^^l^ ^^ ^^ ^^^^ 

cincToTwfrde^the corncr of George and College streets. The second precinct 
of Ward Six shall embrace all that portion of said Ward North 
of Wentworth street, South of Calhoun street and West of Pitt 
Polling place, gtrgets. The poll shall be held at or near the corner of Bull 
of' '^Va?d^""'^* and Rutledge streets. The first precinct of Ward Seven shall 
Polling place, cmbracc all that portion of said Ward North of Calhoun street. 
South of Mary street and East of Elizabeth street. The poll 
shall be held at or near the corner of Alexander and Charlotte 
ciifcToTward 7! streets. The second precinct of Ward Seven shall embrace all 
that portion of said Ward North of Calhoun street, South of 
Polling place. Mary, West of Elizabeth street and East of King street. The 
poll shall be held at or near the corner of Hutson and Meeting 
of WaMT"'^* streets. The first precinct of Ward Eight shall embrace all 
that portion of said Ward North of Calhoun street. South of Rad- 
clifife street, West of King street and East of Pitt and Thomas 
Polling place, sj-fge^s. The poll shall be held at or near the corner of Van- 
cincTofWards! '^^^l^'^^st and Coming streets. The second precinct of Ward 
Eight shall embrace all that portion of said Ward North of 
Calhoun street. South of Radcliffe and Bee streets and West of 
Polling place, pj^^ ^^^ Thomas streets. The poll shall be held at or near the 
oAvard'^9*!'"'^' corner of Rutledge and Vanderhorst streets. The first pre- 
cinct of Ward Nine shall embrace all that portion of said Ward 
North of Mary street, South of Columbus street and East of 
Polling place Nassau and Hanover streets. The poll shall be held at or near 



OF SOUTH CAROLINA. 




the corner of Amherst and America streets. The second pre- 
cinct of Ward Nine shall embrace all that portion of said Ward second p r e- 
North of Columbus, East of Hanover street to the city bound- ""'^^°^^^^'''^ 9- 
ary. The poll shall be held at or near the corner of America p^^I'^s p^^^e. 
and Cooper streets. The first precinct of Ward Ten shall em- ofward^i^a'^* 
brace all that portion of said Ward North of Mary street, South 
of Columbus street, West of Nassau and East of King street. 
The poll shall be held at or near the corner of Wolfe and Meet- p°"'"^ p^^'^^- 
ing streets. The second precinct of Ward Ten shall embrace ^.j^^^^^"^/ ^^^/j 
all that portion of said Ward North of Columbus, East of King '°- 
street and West of Hanover street to the city boundary. The 
poll shall be held at or near the corner of Line and Meeting po"'"s p^^^^- 
streets. The first precinct of Ward Eleven shall embrace all Q£^\vard^71?'^* 
that portion of said Ward North of Radcliffe street. South of 
Spring street. West of King street and East of Rutledge Aven- 
ue. The poll shall be held at or near the corner of Morris and p°i"'^s p'^ce. 
Coming streets. The second precinct of Ward Eleven shall £.inct°of^ wLd 
embrace all that portion of said Ward North of Spring street, "• 
West of King street and East of Rutledge street to the city 
boundary. The poll shall be held at or near the corner of Line Polling place, 
and Coming streets. The first precinct of Ward Twelve shall First precinct 
embrace all that portion of said Ward North of Bee street. 
West of Rutledge Avenue, East of President street and its 
line of prolongation to the city boundary. The poll shall be PoiHng place, 
held at or near the corner of Ashley and Spring streets. The 
second precinct of Ward Twelve shall embrace all that portion cinct of Ward 
of said Ward North of Bee street. West of President street, '^" 
and its line of prolongation to the city boundary. The poll shall 
be held at or near the corner of Spring and Norman streets. Poiung place. 
Cherokee. — In the County o-f Cherokee there shall be voting in Cherokee 
places as follows : Gaffney City, Grassy Pond, Maud, Ezell's 



White Plains, Ravenna in White Plains Township, Aliens, 369. 
Draytonville, Timber Ridge, Littlejohn's at T. D. Littlejohn's, 
Sarratt's, Wilkinsville, King's Creek, Cherokee Falls, Blacks- 
burg, Buffalo, Macedonia, Antioch, Wood,Turner and Thickety. 

Chester. — In the Countv of Chester there shall be voting in c h e s te r 

° County. 

places as follows : Chester Court House, Lowrysville, Car- 
ter's at J. Wesley Carter's, Lando, Fishing Creek Church, Ross- 
ville, John Simpson's, Carmel Hill, J. E. Wylie's Store, Lands- 
ford, Cornwell's, Richburg, Edgemore, Baton Rouge and Wy- 
lie's Mill Academy. CounS'""'^°" 
Clarendon — Hodge's Corner, Packville, Chandler's Alcolu, J^ 



lb. 




CIVIL CODE 



Barrow's Mill, Boykins, Cole's Mill, McFadden's Store, For- 
reston, Wilson's, Duffie's Store, Jordan, Manning, Davis' Cross 
Roads, St. Paul's, Summerton, Panola, 
fieid^County^"^ Chesterfield. — In the County of Chesterfield there shall be 
j^ voting places as follows : Chesterfield Court House, Cheraw, 

S. W. Brock's ofiice, Wexford, Mount Croghan, Cross Roads, 
Jefiferson, Catarrh, Dudley, Fox Place, McKay's, Hebron, 
Brown Springs, Bethel, Douglass' Mill, Grant's Mill, Bear 
Creek and Wingo in the western part of Mt. Croghan Town- 
ship. 
In Colleton Colleton. — In the County of Colleton there shall be the fol- 

County. -^ 



lb. 



lowing voting places : Wagener's Cross Roads, Jacksonboro, 
Adams' Run, Green Pond, Cottageville, Maple Cane, Horse 
Pen, Walterboro, Hendersonville, Sniders Cross Roads, Rice 
Patch, Bell's Cross Roads, Smoke's Cross Roads, Doctor's 
Creek, Ashton, Lodge and Petet's Store. 
Darli ngton. Darlingtou. — In the County of Darlington there shall be 
1896, XXII., following voting places : Reevesville, St. George's, Grover, 
icsville. Society Hill, Leavenworth, Hartsville, Ashland, Lydia, 
Lamar, Cypress, Garner's Store, Early's Cross Roads, Bethle- 
hem Church, in Antioch Township ; McCall's Branch, in Phila- 
delphia Township, 
ter^ciin'ty'^^ Dorchcstcr. — In the County of Dorchester there shall be the 
1900 xxniT following voting places : Reevesville, St. George's Grover, 
37°- Beach Hill, Knightsville, Ridgeville, Harleyville, Rosses, Club 

House in Collins Township, Indian Fields and Summerville, 
In Edgefield ^ear railroad depot. 

^°""^y- Edgefield. — In the County of Edgefield there shall be voting 

■^''- places as follows : Timmerman, Johnston, Trenton, Edgefield 
C. H., No. I for Pickens Township, Edgefield C. H., No. 2 for 
Wise Township, Meeting Street, Pleasant Lane, Rehobeth, 
Plum Branch, Modoc, Red Hill, Cheatham's Store, Mathis, 
Liberty Hill, Meriwether Hall, Landrum's Store, Gregg and 
Elmwood. 
In Fairfield Fairfield. — In the County of Fairfield there shall be voting 

^°'"'^^' places as follows: Albion, Centreville School House, Blythe- 

^'^' wood, Feasterville, Gladden's Grove, Horeb, Haw's Store, 

Monticello, Ridgeway, Winnsboro, Woodward, Long Town at 

Jenkins' Store, Bear Creek, Greenbrier, Jackson's Creek 

School House, Jenkinsville and Oakland. 

^Jji^^i'iorence Floreucc. — In the County of Florence there shall be voting 

j^ places as follows : In Ward i of the City of Florence, No. i ; in 



OF SOUTH CAROLINA. 93 

A. D. 1902. 

Ward 2 of said city, No. 2 ; Ebenezer, Timmonsville, Carters- ^^ y — -^ 

ville, James' Cross Roads, Langston School House, Mars' 
Bluff, Evergreen, Hymansville, Hick's School House, Hus- 
bands' Cross Roads, Tan's Bay, Hannah, McCall's Store, Sav- 
age, Pleasant Grove, and Black Swamp at McCall's Store. 

Georgetown. — In the County of Georgetown there shall be ^^ ^^^^ ^_ 
voting places as follows: Georgetown, Sampit, Carver's Bay, ^°^" Co unty. 
Choppee, Black River, Potato Ferry at or near Ivey's Store, ^^• 
Pee Dee, Greers, Upper Waccamaw, Lower Waccamaw, San- 
tee, Spring Branch and Bethel Crossing. 

Greenville. — In the County of Greenville there shall be voting in Greenville 

. . County. 

places as follows : Six in the City of Greenville, to be located 

by the Commissioners of Election, one to be in each ward of 
said city, to bear the same number as the ward in which it is 
located; Reedy River Mills, West Gantt School House, Reedy 
Fork, A. W. Ware's at or near Fork Shoals, T. Henry Stokes', 
Old Fairview Academy, Fountain Inn at or near Jesse Bur- 
dett's, Sr., Pedan's Old Store, Butler's Cross Roads (in Austin 
Township), Batesville, James Green's, Taylor Station, Double 
Springs Church, T. J. Mitchell's, Hellams' Crossing, S. W. 
Barton (in Glassy Mountain Township), Merrittsville School 
House, Lima School House, Jennings' Mill, Montague, Pied- 
mont Factory, Gowensville, Marietta, Greers, Simpsonville, 
West Dunklin School House, Locust, Tygerville, Reed's School 
House, Sampson's, Bessie and Poe Mills, and at Bessie, in 
Grove lownship. 

Greenwood. — In the County of Greenwood there shall be vot- i", g^"^^"- 

■' wood County. 

ing precincts as follows : Greenwood, Coronaca, Cokesbury, — — ^ — 

Hodges, Jones, Verdery, Callison's, Ninety-Six, Bradley's, 
Troy, Phoenix, Kinard's School House, Kirksey's, Rambo's, 
Timmerman's Cross Roads, Epworth, Algary, Dyson's and 
Lyon. 

Hampton. — In the County of Hampton there shall be the fol- cou^nt'^^"^^^"" 
lowing voting places : Brunson, Hampton Court House, Varn- ~ 
ville, Early Branch, Gillisonville, Tillman, Brighton, Ridge- 
land, Estill, Luray, Bonnette, Stafford, Scotia and Gifford. 

Horry. — In the County of Horry there shall be voting places j^^ Horry 

as follows : Adrian, Bayboro, Blanton's Cross Roads, Cedar county^ 

Grove, Chapel Hill, Conway, Dog Bluff, Ebenezer, Floyd's ^^• 

School House, Grahamville, Hammond, Hardee's Store, Little 
River, Loris, Martin's Hill, Marlow, Round Swamp, Sanford, 
Socastee, Taylorsville, Farmer and Withers. 




CIVIL CODE 



Kershaw. — In the County of Kershaw there shall be voting 
^ In Kershaw places as follows : Camden Market House, Rabons' Cross 

County. ^ 



lb. 



lb. 



■Roads, Cureton's Mill, Lang's Mill; Schrock's Mill, Lyzenby, 
Westville, Buffalo School House, Brewer's Store, Liberty Hill, 
McLean's Branch, Antioch, Turkey Creek School House, 
Stockton Place, Kirkley's Store, Raley's Mill, Shaylor's Hill, 
Hanging Rock and Lucknow. 
ci'unt^^'^'^^^^^'^ Lancaster. — In the County of Lancaster there shall be voting 

■ places as follows : Lancaster Court House, Thornwell, New 
Cut, Tradesville, Taxahaw, Welch's, Carmel, Heath Springs, 
Flat Creek at Flat Creek Church, Belair, Primus, Dwight, Ker- 
shaw, Van Wyck, Elgin at Elgin Station, and Montgomery in 
Cedar Creek Township. 

In Laurens Laurcns.- — In the County of Laurens there shall be voting- 
County. -^ . . 
places as follows: Laurens Court House, Clinton, Sardis, 

Langston's Church, Ora, Pleasant Mound, Young's Store, Par- 
son's Store, Power, Grey Court, Dial's Church, Shiloh, Wood- 
ville. Tumbling Shoals, Brewerton, Daniel's Store, Tip Top, 
Mount Pleasant, Cross Flill, Mountville, Hopewell, Waterloo 
and Ekom. 
In Lexington Lcxington.— In the County of Lexington there shall be vot- 

County. *= J b 



lb., 372. 



ing places as follows : Lexington Court House, T. J. Draft's 
Store, Leesville, Lewiedale, Gaston, Boynton Academy, Irmo, 
Ballentine, Chapin, Efird's Store, Peake's Station, P. W. 
Shealy's Store, Hilton, Samaria, Batesburg, Swansea, Red 
Store, Hoffman's, Burnt Mill, Brookland, Spring Hill, Folk's 
School House, Red Bank, Brook and Lower Fork at St. An- 
drew's School House. 
In Marion Marion. — In the County of Marion there shall be voting 

County. - "^ 

j7 places as follows : Ariel at Back Swamp School House, Ber- 
muda at Bermuda P. O. in Carmichael Township, Berry's Cross 
Roads, Campbell's Bridge, Cedar Grove at Cedar Grove in 
Wahee Township, Centreville, Dillon, Friendship, Hamer ( for- 
merly Carmichael) at Hamer in Carmichael Township, High 
Hill, Latta, Little Rock, Marion, Mount Nebo, Mullins, Nich- 
ols, Old Ark, Temperance Hall, and Hopewell, at or near 
Hopewell Church. 
CoMt^^^'^^^°'^° Marlboro. — In the County of Marlboro there shall be voting 

j^ places as follows : Bennettsville, Red Hill, Brownsville, 

Hebron, Clio, McColl, Newtonville, Brightsville School House, 
Smithville, Tatum, at Tatum, and Blenheim, at Blenheim. 



OF SOUTH CAROLINA. 




Newberry. — In the County of Newberry there shall be voting 
places as follows : At Newberry Court House there shall be two cJ^nJJ,"'^^"'"'^^ 
polling places, one of which shall be located near the Cotton — 
Factory, Glymphville, Maybinton, Whitmire, Cromer's, Jalapa, 
Longshore's, Williams, Utopia, Prosperity, Hendrix Mill, 
Slighs, Jolly Street, Central School House in Township No. lo, 
Pomaria, Walton, Helena, Mt. Bethel, and St. Philip's, in No. 
II Township. 

Oconee. — In the County of Oconee there shall be voting ^in^o c o n e e 

places as follows : Fair Play, South Union, Earles, Tokeena (at — 

Cross Roads), Oakway, Friendship, Seneca, Richland, West- 
minster, Fort Madison, Tugaloo Academy, Holly Springs, 
Flat Creek, at Flat Creek Church ; Damascus, Double Springs, 
Cherry Hill, Little River, Tamossee, Jocassee, Salem, High 
Falls, West Union, Walhalla, Newry and Clemson College. 

Orangeburg. — In the County of Orangeburg there shall be ^^i" c^un""^' 

voting places as follows : Orangeburg, Rowesville, Branchville, — 

Ayer's, Bowmans, St. Matthews, Vance's, Elloree, Dantzler's 
Post Office, Dantzler's Mill, Washington Seminary, Lone Star, 
Advance, Fall Branch, North, Ouattlebaum, Cedar Grove, Car- 
dova, Philips' Post Office, Cope, Norway, Springfield, Living- 
ston, Sawyerdale, Jamison and Fort Motte. 

Pickens. — In the County of Pickens there shall be voting ^^^i^^yi'^<=kens 
places as follows: Easley, Central, Liberty, Pickens Court — J^^j^. 
House, Dacusville (at Looper's gin), Pumpkintown, Eastatoe, 
Cross Plains, at Williams & Freeman's Store ; Cateechee, within 
five hundred yards of the Company's Store; Peter's Creek (at 
Peter's Creek Academy), Mile Creek (at Mile Creek Church), 
Prater's (at Prater's Creek Church), Six Mile (at Six Mile 
Church), Calhoun, Holly Springs, at Holly Springs Church; 
Gap Hill, M. W. Hester's Store, and Crosswell School House. 

Richland.— In the County of Richland there shall be voting county^''^''^'''^ 
places as follows : In Upper Township, Camp Ground, Taylor's j^_ 
Store, Killians, Wayside (at or near Wayside School House) ; 
in Centre Township, Fairmont (at or near Fairmont School 
House or the railroad), Davis (at or near William Thomas' 
residence). Garner; in Lower Township, Eastover, Gadsden, 
Hopkins ; in Columbia Township, Waverly (at or near the fork 
of the Rice Creek Spring and Camden roads), and in the City 
of Columbia, Ward i. Ward 2, Ward 3, Ward 4 and Ward 5. 

Saluda.— In the County of Saluda there shall be voting places coSnfy^ ^ "" "^ ^ 
as follows: Saluda, Holstein Cross Roads, Perry's Cross J^^ 




CIVIL CODE 



Roads, Coleman's Cross Roads, i\Iount Willing, Mayson, 
Kinard's Store, Fruit Hill, at Fruit Hill Post Office ; Watson's 
Store, and Ridge Springs. 
In Spartan- Spartanburg. — In the County of Spartanburg there shall be 



lb. 



voting places as follows : Arabella, Arrowwood, Arlington, 
Arkwright, Becca, Bishop, Boiling Springs, Brannon, Camp- 
ton, Campobello, Cannon's Camp Ground, Cashville, Cavins, 
Cherokee, Clifton No. i, Clifton No. 2, Clifton No. 3, Crescent, 
Cowpens, Cross Anchor, Duncan, Enoree, Fair Forest, Fair- 
view, Fairmont, Fingerville, Glendale, Glenn Springs, Green 
Pond, Golightly, Hobby's, Hebron, Holly Spring at Bruce's 
Store, Inman, Landrum, Moore, McKelvey's, New Prospect, 
Pacolet, Pacolet Mills (within five hundred yards of Com- 
pany's Store), Parris, Pelham, Pauline, Reedsville, Rich Hill, 
Spartan Mills, Switzer, Swain, Spartanburg No. 1, Spartan- 
burg No. 2, Spartanburg No. 3, Spartanburg No. 4, Spartan- 
burg No. 5, Spartanburg No. 6, Trough, Tuccapau, Valley, 
Falls, Victor Mills, Walnut Grove, Wellford, Whitney, Wood- 
ruff and Wood's Chapel. 
In Sumter Sumtcr. — In the County of Sumter there shall be voting 
County. places as follows: Sumter Court House No. i (situated in 

^^- Ward I of the City of Sumter), Sumter Court House No. 2 

(situated in Ward 2 of the City of Sumter), Sumter Court 
House No. 3 (situated in Ward 3 of the City of Sumter), Sum- 
ter Court House No. 4 (situated in Ward 4 in the City of Sum- 
ter), Statesburg, Providence, Rafting Creek, Bishopville, 
Mannville, Bossar's, Mayesville, Lynchburg, Shiloh, Concord, 
Privateer Station, Smithville, Wedgefield, Reed's Mill, St. 
Charles and Bloomville, in ]\Ianchester Township. 
Cou"nt^ "" ' ° "" Union. — For the County of Union there shall be voting 
■ places as follows : Union Court House, Cross Keys, Blackrock, 
Carlisle, Santuc, Hughes, Kelton, Jonesville, Gibbs, Coleraine. 
West Springs, and Lockhart Mills, to be located within five 
hundred yards of the factory. 
Williamsburg. WilHamsburg. — In the County of Williamsburg there shall 
1893, XXI., be voting precincts as follows : Trio, Earle's, Sultan, Gourdin's, 
Greelyville, Salter's, Kingstree, Cedar Swamp, Cades, Black 
Mingo, Altman's Store, McAlister's Mill, Hebron Church, In- 
dian Town, Lake City, Muddy Creek, Scranton, Prospect, 
Church and Bloomingdale. 
In York York. — In the Countv of York there shall be voting places 

County. • , .^ . - _ 

as follows: Yorkville, Hickory Grove, Clark s Fork, at Mc- 



Ih., 374- 



OF SOUTH CAROLINA. 



97 



A. D. 1902. 



Gill's Store; Bethany, Forest Hill Academy, Fort. Mill, Rock 
Hill, Coates' Tavern, Antioch Church in Bethesda Township, 
McConnellsville, Blairsville, Bullock's Creek at Good's Store; 
Bethel, Clover, Newport, Sharon, Tirzah, Smyrna and Ebe- 
nezer. 

Sec. 204. The Supervisors of Registration for the several 
Counties named in Section 203 are hereby authorized and re- ^^7 when!"^"^' 
quired to exchange the registration of such electors as may 
apply for that purpose from other voting places to the voting 
places established by Section 203, wherever it shall appear to 
them that the elector so applying resides within a reasonable 
distance from the same. 



Registration 
certifi c a t e s 



CHAPTER X. 

The Manner of Conducting Elections and Returning Votes. 

Article i. The General Election. 

Article 2. Commissioners and Managers of Election. 

Article 3. Formation and proceedings of the Board of County 

Canvassers. 
Article 4. Formation and proceedings of the Board of State 

Canvassers. 



Sec. 



ARTICLE I. 
The General Election. 



205. When held and for what pur- 

pose. 

206. Commissioners and Managers 

of Election ; how appointed. 

207. Managers may appoint clerk 

and organize as Board. 

208. Opening and closing polls ; 

oath to voter. 

209. Peace officers to be present at 

polls and places for sale of 
liquors to be closed. 

210. Voting to be by ballot; de- 

scription of. 



Sec. 



211. Separate and distinct ballots 

for officers as designated. 

212. Number and description of 

ballot boxes ; arrangement 
of polling places ; voting, 
how conducted, etc. 

213. Managers to require evidence 

of payment of taxes. 

214. Clerk to keep poll list. 

215. Time and mode of counting 

votes and making returns. 



Section 205. General elections for Federal, State and County .state eiec- 
officers in this State shall be held on the first Tuesday follow- held." ^' 
ing the first Monday in November, one thousand eisfht hundred G. s. 107; 

^ R. S. 162; 

1896, XXIL. 

y Q 29, § I. 




CIVIL CODE 



ers 



and ninety-six, and in every second year thereafter, and at 
such voting places as have been or may be estabhshed by law ; 
and all general or special elections held pursuant to the Con- 
stitution of the State shall be regulated and conducted accord- 
ing to the rules, principles and provisions herein prescribed. 

School Commissioner is a State officer, and to be elected at general election. — 
Pettigrew v. Bell, 34 S. C, 104; 12 S. E., 1023. So is the' Clerk of the Court 
of Common Pleas. — Williman v. Ostendorff, MS. Dec, 1877; State v. Sims, 18 
S. C, 463. 

Commission- gcc. 206. For the purpose of carrving on such election, it 

i of Elec- r r .0 j 



tions; how ap- shall be the dutv of the Governor, and he is hereby authorized 

pointed. ' ■' 

„ „ — -^—z- and empowered, at least thirtv davs prior to anv such election, 

G. S. 108; R. . . . . r ^ > 

s. 163; /&., 29, to appoint for each County three Commissioners of Election 
for Governor, Lieutenant Governor, State officers, Circuit So- 
licitors, members of the General Assembly and County officers, 
and three other Commissioners of Election for Presidential 
Electors and members of Congress, or either of said officers, 
who shall continue in office until their successors are appointed 
and qualified. The Commissioners of Election for State and 
,, Countv officers shall appoint three Managers of Election for 

Managers. ■' ^'^ * 

such officers; and the Commissioners of Election for members 
of Congress and Presidential Electors, or either of said officers, 
shall appoint three other Managers of Election for said officers 
for each polling place at each election precinct of the County 
for which they shall respectively be appointed, and none of 
said officers shall be removed from office except for incom- 
Oaths to be P^tencc or misconduct. The said Commissioners and Man- 
taken, agers shall take and subscribe, before any officer authorized to 
administer oaths, the oath of office prescribed by Section 20 of 
Article II of the Constitution, and the oath with respect to 
dueling, and the same shall be immediately filed in the office 
of the Clerk of the Court of Coinmon Pleas of the County in 
which said Commissioners and Managers shall be appointed, 
or, if there be no such Clerk, in the office of the Secretary of 
State. 
Managers ^^c. 207. The ^Managers may appoint a clerk to assist them 
dlrk.^^^°'''^ ^ in their duties, who shall take the oath of office prescribed by 
IK 30; § 3. Section 30 of Article II of the Constitution, and the oath with 
regard to dueling, before the Chairman of the Board of Man- 
How organ- agcrs. The Commissioners and Managers at their first meet- 
*^^'^' .ings, respectively, shall proceed to organize as a Board by ap- 

iio-'r s 164' pointing one of their number Chairman of the Board; and 
165! 



OF SOUTH CAROLINA. 99 

. A. D. 1902. 



such Chairman, in each instance, is empowered to administer '"^■^'v^*'-^ 
oaths. 

Sec. 208. The polls shall be opened, at such voting places PoIJs; when 
as shall be designated, at 7 o'clock in the forenoon, and close — - — z — —_ 
at 4 o'clock in the afternoon of the day of election, except in^- s. 166; ib., 
the City of Charleston, where the closing hours shall be 6 
o'clock, and shall be kept open during those hours without 
intermission or adjournment; and the Managers shall admin- ,^?^^^^°-,^^ 

-' ' c5 adininisteredto 

ister to each person offering to vote an oath that he is qualified voters. 
to vote at this election, according to the Constitution of this 
State, and that he has not voted during this election. 

Managers in receiving votes act ministerially. — State v. Bruce, 3 Brev., 271. 
See Elections for new. Counties. — Segars v. Parrott, 54 S. C, 33; 31 S. E., 677, 865. 

Sec. 209. The Deputy State Constables and other peace state Consta- 

•^ , . bles to preserve 

officers of each County are required to be present during the order. 

whole time that the polls are open, and until the election is com- ^ G. S. 113; R- 

. . S. 167; lb., 

pleted ; they shall prevent all interference with the Managers, § s- 

act under their direction, and see that there is no interruption 

of good order. If there should be more than one voting place 

in any County, the State Constable is empowered and directed 

to make such assignment of his deputies and other peace officers 

to such polling places as may, in his judgment, best subserve 

the purposes of quiet and order. All bar rooms, saloons and p^^^^^ f ^ ^ 

other places for the sale of liquors by retail shall be closed at f^ie °^ Hquors 

^ 1 ^ to be closed. 

6 o'clock of the evening preceding the day of such election, 
and remain closed until 6 o'clock in the morning of the day 
thereafter, during which time the sale of intoxicating liquors 
is prohibited. And in case all of the Managers shall fail to 
attend at the time and place appointed for holding such poll, 
or shall refuse or fail to act, or in case no Manager has been 
appointed for such poll, it shall be lawful for the voters present 
at the precinct voting place on that day to appoint from among 
the qualified voters of such precinct the Managers to act as 
Managers in the place and stead of the absent Managers, and 
any one of the Managers so appointed shall administer the oath 
to the other Managers : Provided, That in case the legally 
appointed Managers attend in a reasonable time, they shall take 
charge of and conduct the election. 

Sec. 210. The voting shall be by ballot, which ballot shall Description of 

be of plain white paper two and a half inches wide by five ^^^^°^- 

inches long, clear and even cut, without ornament, designa- j^.^g. 169;^ ib'', 
tion, mutilation, symbol or mark of any kind whatsoever ex- ^^' ^ ^' 



loo CIVIL CODE 

A. D. 1902. — ^ 

"^ . ' cept the name or names of the person or persons voted for and 

the office to which such person or persons are intended to be 
chosen, which name or names, office or officers, shall be written 
or printed, or partly written or partly printed, thereon in black 
ink; and such ballot shall be so folded as to conceal the name 
or names thereon, and, so folded, shall be deposited in a box 
to be constructed, kept and disposed of as hereafter provided; 
and no ballot of an}- other description found in any election box 
shall be counted. 

Directions as to form of ballot are mandatory. — Ex Parte Riggs, 52 S. C, 298; 
jg S. E., 645. 

Officers to be ^®^" ^^^" There shall be separate and distinct ballots for the 

■voted for. following officcrs, to wit: I. Governor and Lieutenant Gover- 

-&% ^70-^ib' '''^^- ^- Other State officers. 3. Circuit Solicitor. 4. State 
3^' § "• Senator. 5. Members of the House of Representatives. 6. 

County officers. 7. Representatives in Congress. 8. Presi- 
dential electors ; on which shall be the name or names of the 
person or persons voted for as such officers, respectively, and 
the office for which they are voted. Whenever a vote is to be 
taken on any special question or questions a box shall be pro- 
vided, properly labeled for that purpose, and the ballots there- 
for on such question or questions shall be deposited therein. 
prmdded.*" ^^ ^^^' ^^^' ^hc Commissioucrs of Election shall provide for 
Q ^""^7^ each voting place a sufficient number of boxes to meet the re- 
fi §8.''^' ^^" quirements of the foregoing Section. In any case in which a 
voting precinct may form part of more than one Congressional 
District, if no other provision be made by law, the Commis- 
sioners of Election for the County in which such precinct is 
situated shall provide therefor separate boxes for every Con- 
gressional District within which the said precinct may be, and 
each voter at such precinct shall deposit his ballot for members 
of Congress in the box provided for the Congressional District 
Description. ^^.j|-]-,jj^ |.|^g limits of which he may reside. An opening shall be 
made in the lid of each box not larger than sufficient for a 
single ballot to be inserted therein at one time, through which 
each ballot received proper to be placed in such box shall be 
inserted by the person voting, and by no other. Each box shall 
be provided with a sufficient lock, and shall be publicly opened 
and inspected, to show that it is empty and secure, and locked 
just before the opening of the poll. The keys shall be returned 
To be labeled ^^ ^^^ Managers, and the box shall not be opened during the 
election. Each box shall be labeled in plain and distinct Roman 



OF SOUTH CAROLINA. loi 

A. D. 1902. 



letters, with the office or officers voted for, and the Managers, ^— '^v-*-' 
on the demand of the voter, shall be required to read to him 
the names on the boxes. At each precinct, a space or enclosure, ^^ ^e"\'rran^- 
such as the Managers of Election shall deem fit and sufficient, ^^• 
shall be railed off or otherwise provided with an opening at 
one end or side for the entrance of the voter, and an opening 
at the other for his exit, as a voting place in which to hold the 
election for the State, Circuit, County and Federal offices. And 
the ballot box shall be so located as to be in view of persons 
outside of the polling place during the time of voting. A 
similar, but separate and distinct, space or enclosure shall be 
railed off, or otherwise provided, as a voting place for the 
election of Congressmen and Presidential Electors, at such dis- spfj.| ^f o/ pia^ 
tance from the polling place for State officers as the Commis- ^''^^ elections, 
sioners of Election for each County shall determine and appoint 
for each election precinct. But one voter shall be allowed to 
enter any voting place at a time, and no one except the Man- 
agers shall be allowed to speak to the voter while in the voting 
place casting his vote. 

Sec. 213. The Managers of Election shall require of any ^eq^f "e^^^/v T- 
elector offering to vote at any election, before allowing him to nfenTof taxes! 
vote, in addition to the production of a registration certificate, igge, xxil^ 
proof of the payment of all taxes, including poll tax, assessed ^^' ^ ^' 
against him and collectable during the previous year. The 
production of a certificate or of the receipt of the officer author- 
ized to collect such taxes shall be conclusive proof of the pay- 
ment thereof. 

Sec. 214. Each clerk of the poll shall keep a poll list, which cierk';' 

shall contain one column headed "Names of Voters," and the g. s. hS; 

name of each elector voting shall be entered by the clerk in i s 9 6,' xxii.', 

,1 33. § 10. 

such column. 

Sec. 215. At the close of the election, the Managers and to be counted. 
clerk shall immediately proceed publicly to open the ballot box g. s. 
and count the ballots therein, and continue such count, without § n.' 
adjournment or interruption, until the same is completed, and 
make such statement of the result thereof, and sign the same, 
as the nature of the election shall require. No ballot shall be 
counted upon which there shall appear the name of an office 
or the name of a person in connection with an office other than 
that for which the box in which such ballot is found shall be 
designated and labeled. If, in counting, two or more like bal- 
lots shall be found folded together compactly, only one shall 



102 



CIVIL CODE 



A. D. 1902. 

1'"-^ be counted ; the other must be destroyed ; but if they bear 

different names, all must be destroyed, and none counted. If 
more ballots shall be found, on opening the box, than there 
are names on the poll list, all the ballots shall be returned to 
the box and thoroughly mixed together, and one of the Man- 
agers, or the clerk, shall, without seeing the ballots, draw there- 
from and immediately destroy as many ballots as there are in 
excess of the number of names on the poll list. Within three 
days thereafter, the Chairman of the Board of Managers, or 
one of them, to be designated in writing by the Board, shall de- 
m^de^to^ Com- livcr to the Commissioners of Election the poll list, the boxes 
Eiecdon.'^^ ° ^ Containing the ballots and a written statement of the result of 
the election in his precinct. 



ARTICLE III. 

Formation and Proceedings of the Board of County 

Canvassers. 



Sec. 

216. Commissioners to meet at 

County seat and organize as 

Board of County Canvassers. 
217i Canvass of votes ; protests ; 

statements and returns. 
218. Duplicate statements to be 

filed in Clerk's ofBce. 



Sec. 
219 



Separate statements of votes 
cast for each candidate. 

220. Three other separate state- 

ments to be prepared. 

221. Returns ; when, to whom and 

how to be forwarded. 

222. Pay of election officers ; other 

expenses of elections. 



Elections for new Counties are governed by this article. — State ex rel. Martin 
v. Moore, 54 S. C, 556; 32 S.' E. 700. 

Commission- Scction 216. The Commissioners of Election for Governor, 
County ™eat on Lieutcnaut Govemor, State officers, Circuit Solicitor, members 
io"wng^^ e 1 e°c- of the General Assembly, and County officers, or either of said 
Secret'ary'.^'Aii officcrs, shall meet in some convenient place at the County seat 
— ^^^'^ ^' on the Tuesday next following the election, before one o'clock 
R. 's. 1 7^4; in the afternoon of that day, and shall proceed to organize as, 
\iil'. ■' and shall be, the County Board of Canvassers. They may ap- 

point some competent person as Secretary. The Chairman 
shall then proceed to administer the constitutional oath to each 
member of the Board, as Canvassers ; and shall administer the 
constitutional oath to the Secretary, and the Secretary shall 
administer to the Chairman the same oath that he shall have 
administered to the other members of the Board. The Com- 



OF SOUTH CAROLINA. 




missioners of Election for members of Congress and Presi- 
dential Electors, or either of said officers, shall likewise meet 
at the same time at its County seat, and shall in like manner 
proceed to organize as and shall be the County Board of Can- 
vassers for the election of the Federal officers aforesaid. 

Segars v. Parrott, 54 S. C, i; 31 S. E., 677. 

Sec. 217. The said Board of County Canvassers, respec-votesTprotests; 
tively, shall then proceed to canvass the votes of the County, returns. 
When townships, or parts of townships, of any County may g. S. 121; 
not be in the same Congressional District, the proper Board 1 1 1'p^^ 1170', 
of County Canvassers of such County, in canvassing the votes ^'''"' ^' 
for Representative in Congress, shall report separately the 
result of the votes of such township, or parts of townships, 
for the Congressional District to which they respectively 
belong. The said Boards, respectively, shall have the power, 
and it is hereby made their duty, as judicial officers, to decide 
all cases under protest or contest that may arise, subject to 
appeal to the Board of State Canvassers. They shall make 
such statements of the votes of the County as the nature of 
the election shall require, within ten days from their first meet- 
ing, as a Board of County Canvassers, and shall transmit to the 
Board of State Canvassers any protest, and all papers relating 
to the election. 

Segars v. Parrott, 54 S. C, i; 31 S. E., 677. 

Duty of County Canvassers. — State v. Chairman County Canvassers, 4 S. C, 485. 

Majority, a quorum sufficient. — State v. DeLeisselne, i McC, 52. 

But single member cannot act as Board. — State v. Nerland, 7 S. C, 241. 

Board may receive secondary evidence of ballots and returns lost or destroyed. — 
lb. 

They act judicially, and decision conclusive until reversed. — State v. Bruce, 3 
Brev., 264; State v. DeLeisselne, supra; State v. Cockrell, 2 Rich., 6; State v. 
Walker, 5 S. C, 265. 

An appeal lies from the County Board of Canvassers to State Board. — State ex 
rel. Martin v. Moore, 54 S. C, 556; 32 S. E. 700. 

Sec. 218. Duplicate statements shall be made and filed ingt^gPents^to 
the office of the Clerk of the County ; and, if there be no such fifed™wfth crk 
Clerk, duly qualified according to law, then in the office of the °^ County. 
Secretary of State. r.\ f^e-riV. 

Sec. 219. They shall make separate statements of the whole separate state- 
number of votes given in such County for Representatives in™;^"^® forTach 
Congress ; and separate statements of all other votes given for ?or!°" ^° * ^ "^ 
other officers. Such statements shall contain the names of the g. s. 123; 
persons for whom such votes were given, and the number of " "'''''' ^' 
votes given for each, which shall be written out in words at 
full lenarth. 



I04 CIVIL CODE 

A. D. 1902. 



» ' Sec. 220. There shall be prepared by the Commissioners 

ate'' staTemlntsi *h^^^ Separate lists of each statement, besides the lists to be 
for^'^c'o unfilled in the office of the County Clerk, or Secretary of State, 
rmry of 'stltei ^"^ ^^^^ ^^^^ shall be Certified to as correct, by the signatures of 
prepared. ^^g Commissioucrs, Subscribed to such certificate. 
R.^s. ?78;' Jb! ^®°' ^^l- After the final adjournment of the Board of 
Returns to be Co^^'^^y Cauvasscrs, and within the time prescribed in this 
t^hT^clvlrno? Chapter, the Chairman of said Board shall forward, addressed 
oF stf?rby'"^a ^o the Governor and Secretary of State, by a messenger, the 
mes senger. rctums, poll Hst, and all papers appertaining to the election. 
R.%. fygTiV. ^®^' ^^^' Each Commissioner and Manager of Election shall 
Pay of eiec- rcceive for his compensation one dollar per day for his ser- 
oth°e^ ex^ensel vices whilc actually employed, and five cents per mile for 
of elections, ncccssary travel ; each clerk of the Commissioners, and of the 
jj^'r^s. ilo;' Managers, respectively, shall receive one dollar per day while 
iioo; ^viilI actually employed ; but no Commissioner, Manager or clerk 
^^°' shall receive pay for more than three days. 

The messengers designated by any of the Boards of Com- 
missioners, under existing laws, to carry the ballots and reports 
of the Commissioners of Election from the several Counties 
to the City of Columbia, or elsewhere, according to law, shall 
each receive five dollars and mileage at the rate of five cents 
for every mile traveled on the most direct route. 

Notices of election published in any public gazette or County 
newspaper, by authority of the proper Board of Election Com- 
missioners, as required by law, shall be paid for at the rates 
prescribed by law for legal notices. 

To defray the expenses designated herein, the Comptroller 
General shall draw his warrant on the State Treasurer in favor 
of such Commissioners of Election, Manager of Election, clerk 
of Commissioners or Managers, messenger, and proprietor or 
printer of said gazette, for the amount of compensation to 
which he may be entitled ; the same to be paid by the Treasurer 
out of any balance that may be in the Treasury. 

The County Commissioners of the several Counties shall 
audit and pay all accounts for necessary expenses incurred by 
the Commissioners and Managers of Election for stationery, 
the making of election boxes, rents, and similar expenses, in 
elections held in this State. 



OF SOUTH CAROLINA. 



ARTICLE IV. 

Formation and Proceedings of the Board of State 

Canvassers. 




Sec. 



Sec. 



223. Meeting of State Canvassers. 

224. Who constitute the Board ; 

quorum. 

225. When no quorum, President 

of Senate attends and acts. 

226. Board to make statement of 

votes cast for each candi- 
date and certify same. 

227. Certificate of determination 

delivered to Secretary of 
State. 

228. Board declares what persons 

elected, and decides con- 
tested cases on appeal. 

229. May adjourn from day to day 

for fifteen days. 



230. How election of Governor 

may be contested. 

231. Secretary of State to record 

result of canvass. 

232. To furnish copy of each de- 

termination to person de- 
clared elected and to Gov- 
ernor. 

233. To print statements in public 

newspapers. 

234. To send certificate of elec- 

tion of Member of Congress 
to House of Representatives. 

235. To keep record of County of- 

ficers elected. 



Section 223. The Secretary of State shall appoint a meeting gtafe^ cl"nvas°s^ 

of the Board of State Canvassers, to be held at his office, orers- 

some convenient place, within ten days next after such general ^ G.^ s.^ ^2^7; 
election, for the purpose of canvassing the votes for all offices if,^ ~§ ^y^^' 
voted for at such election. 

Sec. 224. The Secretary of State, Comptroller General, At-^^ w^ho ^onsd- 

torney General, State Treasurer, Adjutant and Inspector Gen- quorum. 

eral, and the Chairman of the Committee on Privileges and^^G^ ^82-^ ibJ 
Elections of the House of Representatives, shall constitute the § 41- 
Board of State Canvassers — four of whom shall be a quorum. when no 

Sec. 225. If a majority of these officers shall be unable, orguomm.^Pres^ 
shall fail, to attend, the President of the Senate, on being noti- at t^e n d s and 
fied by the Secretary of State, shall attend without delay, and ~"q~"^ — ~ 
with the officers attending shall form a Board. |^- S- ^83; ib., 

o 5 42. 

Sec. 226. The Board when thus formed shall, upon the cer- Board to make 

r /-• statement o f 

tified copies of the statements made by the Boards of County votes cast for 

^ each candidate 

Canvassers, proceed to make a statement of the whole number and certify 

r I • rr- t same. 

of votes gfiven at such election for the various officers, and 

^ . , , -, . G. S. 130; 

for each of them voted for, distmguishmg the several Counties r. s. 1S4; ib., 
in which they were given. They shall certify such statements 
to be correct, and subscribe the same with their proper names. certificate of 
Sec. 227. They shall make and subscribe, on the proper determinau^o^n 
statement, a certificate of their determination, and shall deliver l^^re* a r y of 
the same to the Secretarv of State. 5 g. 113; 

R. S. iS's; lb.', 
§ 44- 



io6 CIVIL CODE 

A. D. 1902. 



v..^»-^y/-^.^ Referred to. — State v. Nerland, 7 S. C, 241. 

Such certificate void when based upon copies of statements of County Board of 
Canvassers, certified by one of the Board. — State v. Nerland, 7 S. C, 241. 

es'^°what'^^per- Scc. 228. Upon sucli Statements they shall then proceed to 
and^d^e c'f d e'^s determine and declare what persons have -been, by the greatest 
es^on^app'eai.^ Humbcr of votcs, duly clectcd to such offices, or either of them. 
Q s J 32; They shall have power, and it is made their duty, as judicial 
^82 ^x V I L, officers, to decide all cases under protest or contest that may 
1 120, I 1 72, ^Qj^g before them on appeal from the decisions of the County 
Board of Canvassers. 

Board not an inferior Court; a special tribunal to decide elections. — Whipper v. 
Talbird, 32 S. C, i; 10 S. E., 578. No appeal from. — Ex Parte Mackey, 15 S. C, 
322; Ex Parte Whipper, 32 S. C, 5; 10 S. E., 579; Pettigrew v. Bell, 34 S. C, 
104. Duties of. — State v. Hayne, 8 S. C, 367; Ex Parte Mackey, 15 S. C, 335; 
Ex Parte Elliott, 33 S. C, 602; 12 S. E., 423. Title to office does not depend 
upon their decision when not contested. — Ex Parte Smith, 18 S. C, 516. When 
they decline to act or are equally divided on appeal, decision of County Board 
stands. — State v. Walker, 5 S. C, 263; Ex Parte Elliott, supra. But in election 
of Senator their determination is subject to final decision of Senate. — Ex Parte 
Scarborough, 34 S. C, 13; 12 S. E., 666. Minute irregularity does not invalidate 
election. — State v. Harman, Chev., 267. Power of Courts in elections. — State v. 
Alderman, i, S. C, 30; Alexander v. McKenzie, 2 S. C, 81; Ex Parte Carson, 5 
S. C, 117. Will not grant mandamus to alter decision. — State v. Bruce, 3 Brev., 
264; Grier v. Shackleford, 3 Brev., 491; State v. Sims, 18 S. C, 461; Ex Parte 
Scarborough, 34 S. C, 13; 12 S. E., 666. But will enforce ministerial duty of 
mandamus where no appeal lies. — Ex Parte Mackey, 15 S. C, 335. The action 
of the State Board of Canvssers can only be reviewed by the Courts under cer- 
tiorari. Ex Parte Riggs, 52 S. C, 298; 29 S. E. 645; Segars v. Parrott, 54 S. C, 
29; 31 S. E., 683. The action of the County Board of Canvassers may be re- 
viewed on appeal to the State Board, and the court will not issue a writ of cer- 
tiorari to review their action. — State ex rel. Martin v. Moore, 54 S. C, 556; 32 
S. E., 700. 

from^ dai°"to Scc. 229. The Board shall have power to adjourn from day 
days.^°'^ ^^^^^""to day for a term not exceeding fifteen days. 

Q s_ J33. Sec. 230. In case of a contest of the election of Governor, if 
fiVf; §^4.' ^''" the General Assembly, by Concurrent Resolution, shall enter- 
How election tain the same, the Senate and House of Representatives shall, 

of Gove r n o r 
may 



bV ""con^ each separately, proceed to hear and determine the facts in the 

^^^^^^- case, so far as they deem necessary, and decide thereon who is 

4, §°4f G^s: entitled to be declared elected. If the two branches of the General 
i88i,\vo.'. Assembly come to the same decision, they shall, by Concurrent 
1121, § 47- Resolution, declare who is duly elected and entitled to enter 
upon and exercise the office of Governor; and such person 
thereupon shall, upon taking the oaths prescribed in the Con- 
stitution and the oath with respect to dueling, be inducted into 
office. If the two branches of the General Assembly do net 
come to the same decision, then an election shall be called by the 
Governor, to take place in not less than sixty nor more than 



OF SOUTH CAROLINA. 




ninety da3'S, at which the qualified electors shall proceed to vote 
for a suitable person to fill the office of Governor. 

Sec. 231. The Secretary of State shall record in his office, in stf^g"^ to^reLrd 
a book to be kept by him for that purpose, each certified state- ^!^|"'' °^ '^^^' 
ment and determination which shall be delivered to him by the q §. 135; 
Board of State Canvassers, and every dissent or protest thatf^;^ g^^g. ^^^' 
shall have been delivered to him by a canvasser. 

Sec. 232. He shall, without delay, transmit a copy, under the cop^ ° of """^each 
seal of his office, of such certified determination to each person tJ^''pe?son''d"- 
thereby declared to be elected, and a like copy to the Governor, and^ to ^Gover- 



This certificate not the only evidence of election to House of Representatives. 



nor. 



If refused, right to seat may be shown otherwise. — State v. Hayne, 8 S. C, 367. „ 4; ^- '^^ ' 

K. .T. 190; lo., 

Sec. 233. He shall cause a/copiy of such certified statements *" '^'^' 
and determinations to be printed in one or more public news- statementV "in 

r , 1 • o, . public newspa- 

papers of this State. . - pers. 

Sec. 234. He shall prepare a general certificate, under the~G. s. 137; 
seal of the State, and attested by him as Secretary thereof, ad- ^'^o'. ^^^' " 
dressed to the House of Representatives of the United States to send cer- 
in that Congress for which any person shall have been chosen, tLn^ of° niem- 
of the due election of such person as Representative of this gress "to House 
State in Congress, and shall transmit the same to the said?ives.^'^'^^^" ^ 
House of Representatives at their first meeting. gT^s. 138; 

Sec. 235. The Secretary of State shall enter in a book to be § 's"!; '^^' ' 
kept in his office the names of the respective County officers to keep rec- 
elected in this State, specifying the Counties for which they office°rs elected^ 
were severally elected, and their place of residence, the office o. s. 139; 
for which they were respectively elected, and their term of §^'52.' ^^^' '' 
office. 



CHAPTER XL 

The Election of Representatives in Congress and Electors of 
President and Vice-President. 

Article i. Election of Representatives in Congress. 

Article 2. Election of Electors of President and Vice-Presi- 
dent, and formation and proceedings of the 
Electoral College. 



io8 



CIVIL CODE 



A. D. 1902. 



ARTICLE I. 
Election of Representatives in Congress. 



Sec. 

236. Representatives ; how and 

when chosen. 

237. Division of State into Con- 

gressional Districts. 



Sec. 



Each District elects one mem- 
ber. 



Represe n t a- 
tives ; how and 



Section 236. Representatives in the House of Representatives 

wiien chosen, of the Cougrcss of the United States shall be chosen at each 

G. S. 112; general election in the several Congressional Districts by the 

.alified voters thereof. 

Sec. 237. The State is divided into seven Congressional Dis- 



R- S. I 9 4 , 

1882, XVII., qualified voters thereof. 

1117, § 25. ^ 



DivisJ o n of 
State into Con- trictS, aS f olloWS : 
gressional Dis- 
tricts. The First Congressional District shall be composed of the 

G s. 141; Counties of Charleston, Georgetown, Beaufort and of the town- 

1 169; 'i 893', ships of Anderson, Hope, Indian, Kings, Laws, Mingo, Penn, 

J " ^. ' . Rids^e, Sutton and Turkey of the County of Williamsburg, the 

First District. ° ' ■' ■' ° 

townships of Collins, Adams Run, Glover, Frazier, Lowndes 
and Blake of the County of Colleton, and all of the County of 
Berkeley except such townships as are embraced in the Seventh 
Congressional District below. 
, T^- The Second Cong-ressional District shall be composed of the 

Second Dis- * ^ 

trict. Counties of Hampton, Bamberg, Barnwell, Aiken and Edge- 

field and Saluda. 

Third District, jj^g Third Congressional District shall be composed of the 
Counties of Abbeville, Newberry, Anderson, Oconee, Pickens 
and Greenwood. 

Fourth District The Fourth Congressional District shall be composed of the 
Counties of Greenville, Laurens and Fairfield ; all of the Coun- 
ty of Spartanburg except the township of White Plains ; all of 
the County of Union, and of the townships of Centre, Columbia 
and Upper of the County of Richland. 

Fifth District. The Fifth Congressional District shall be composed of the 
Counties of York, Cherokee, Chester, Lancaster, Chesterfield, 
Kershaw and the township of White Plains of the County of 
Spartanburg. 

Sixth District. The Sixth Congressional District shall be composed of the 
Counties of Clarendon, Darlington, Marlboro, Marion, Flor- 
ence, Horry, and the townships of Lake, -Lee's, Johnson's and 
Sumter, and the town of Kingstree in the County of Wil- 
liamsburg. 



OF SOUTH CAROLINA. 




The Seventh Congressional District shall be composed of the 
Counties of Lexington, Orangeburg, Sumter, the townships of trict^^^^*^ ^'^' 
Bell's Sheredan, Heyward, Verdier, Broxton's and Warren of 
the County of Colleton ; and the townships of St. James Goose 
Creek, St. John's Berkeley and St. Stephen's of the County of 
Berkeley, and Lower Township of the County of Richland, and 
the County of Dorchester. 

See Section 212, ante, for provisions as to separate Congressional boxes at border 
precincts, and Section 217, separate reports by County Canvassers. 

Sec. 238. Until the. next apportionment be made by the Con- Each District 

^ ^ _ -^ _ .to elect one 

gress of the United States, each of the said Congerssional Dis- member of 

^ ° _ Congress. 

tricts shall be entitled to elect one member to represent this — -- — 

■^ G. S. 142; 

State in the Congress of the United States. After such new R- s. 196; 

^ __Amended. 

apportionment by Congress, the General Assembly shall divide 1882, xvii., 
the State into as many Congerssional Districts as the State is 
entitled to members in the House of Representatives. And in 
case the Congress of the United States shall by any new appor- 
tionment give to this State more than seven members of the 
House of Representatives, and the General Assembly shall not 
be in session, the Governor shall by proclamation issue writs of 
election for Congressmen at Large, one or more, as the case 
may be. 



ARTICLE 11. 

Election of Electors of President and Vice-President, 
AND Formation and Proceedings of the Electoral 
College. 



Sec. 

246. Meeting of the Electors ; pre- 
liminary organization. 

247. Duties of Secretary of State. 

248. Permanent organization ; vote 
by ballot, &c. 

249. Certified lists of candidates 
voted for, and the vote for 
each, to be made. 

250. To appoint messengers to de- 
liver lists ; when and to 
whom. 

251. other duplicate lists ; to 
whom forwarded and de- 
livered. 

252. Compensation of Electors. Pr2ident7n d 

Vice President, 

Section 239. When an election for President and Vice Presi- h ow chosen. 
dent of the United States occurs, there shall be elected, by gen- „ g. s. 143; 

' -^ ° R. S. I 9 7; 

eral ticket, as many Electors of President and Vice President as '882, x v 1 1. 

1122, § 56. 



Sec. 

239. Electors of President and 

Vice President, how chosen. 

240. Certified copies of statement 

of votes to be made, &c. 

241. Statement to be delivered by 

messengers to Secretary of 
State. 

242. Meeting of Board of State 

Canvassers. 

243. Statement and determination 

of Board. 

244. Certificates by Secretary of 

State ; messenger. 

245. Determination and certificate 

of Board to be published. 



no CIVIL CODE 

A. D. 1902. 

' y ' this State shall be entitled to appoint ; and each elector in this 

State shall have a right to vote for the whole number of such 
Electors ; and the several persons, to the number required to be 
chosen, having the highest number of votes shall be declared 
and deemed duly appointed Electors. 

Electors derive authority from Constitution and laws of United States; their 
title cannot be determined by quo warranto in name of State. — State v. Bowen, 8 
S. C, 400. 

Certified cop- Scc. 240. The Commissioners of Election of each County 
ment of votes shall make four certified copies of the statement of votes given 
&c. ' for Electors in their County : one of which copies shall be filed 

G. s. 144; in the office of the Clerk of the County, if there be such Clerk 
11^3. § 57- 'duly qualified by law; another of such copies they shall forth- 
with transmit to the Governor; another to the Secretary of 
State ; and deliver the other as hereinafter directed. 
Statement to Scc. 241. The Commissioners of Election of each County 

be delivered, by 

messengers t o shall appoint 3. mcssengcr, and shall deliver to such messenger 

Secretary of , . . -r 1 r 1 1-1 

State. the remamnig certified copy of the statement oi the votes given 

G. s. 145; in their County for Electors, securely enclosed and under seal, 
§ '58.' ' " and such messenger shall proceed forthwith to deliver the same 
to the Secretary of State. 
Meeting o f Sec. 242. The Board of State Canvassers shall meet at the 
Canvassers, officc of the Secretary of State within ten days next after such 
G. s. 146; election, to canvass the votes given for the Electors of Presi- 
§ 59.' ' '' dent and Vice-President ; and in case all the certified state- 
ments shall not have been received on that day, the Board may 
adjourn from day to day until the same shall have been re- 
ceived, not exceeding five days ; and if at the expiration of four 
days certified copies of the statements of the County Canvass- 
ers shall not have been received from any County, the Board 
shall proceed to canvass upon such of the said statements as 
shall have been received, 
statement Scc. 243. The Board shall proceed, in making a statement 

and determina- ,- 11 1 • • • 1- • 1 

tion of Board, of all the votcs, and determining and certifying the persons 

G. s. 147; elected, in the manner prescribed by law in relation to the elec- 
R. S. 201; lb., . .' „ ^ -^ 

§ 60. tion of other officers. 

Certificates by Scc. 244. The Secretary of State shall, without delav, cause 

Secre taryof ,.,. -_ -, .-,,' 

State. Messen-a copy, Under the seal of his office, of the certified determma- 
— '■ tion of the Board to be delivered to each of the persons therein 

G. S. 148; 

R. s. 202; lb., declared to be elected ; and for that purpose he may employ such 
and so many messengers as he shall deem necessary. The mes- 
sengers so employed shall receive for their compensation twelve 



OF SOUTH CAROLINA. iii 

— A. D. 1902. 



cents per mile for traveling, to be audited by the Comptroller- < ' 

General upon the certificate of the Secretary of State. 

Sec. 245. The determination and certificate of the Board in and'^ce'Amcate 
relation to the choice of the Electors shall be published in the ^^^fj°g^j^° ^^^ 
same manner as provided in relation to the certificates of the ~"^^7~^~^^ 
election of other officers. g^ef; ^°^' ^^■' 

Sec. 246. The Electors of President and Vice-President shall ^^^^ i n g of 
convene at the capital, in some convenient place, on the second PrdkiTnl r y 
Monday in January next after their election ; and those of them or ganization. 
who shall be assembled at eleven o'clock in the forenoon oi ^\ f^^.^^^^'^ 
that day shall, immediately after that hour, proceed to a pre- /gg^^ -^j^lj^; 
liminary organization and make such preliminary arrange- |g^^_ ^^^9, xx., 
ments as may be necessary for permanent organization and the 
casting of the electoral vote of the State. 

Sec. 247. The Secretary of State shall prepare three lists of se?retVr%' of 

the names of the Electors, procure to the same the signature of £^'!i__ 

the Governor, affix thereto the seal of the State, and deliver j^^g fosilbj, 
them, thus signed and sealed, to the President of the College ^^-^ 1^89, xx., 
of Electors on the said second Monday in January. 

Sec. 248. On the said second Monday in January, at 12 o^inTzlu o n! 
o'clock M., the Electors shall meet at some convenient place at ^°^^ ^^ ^^"°^' 
the capital and effect a permanent organization by the election q g j^^. 
of a President and Secretary from their own body, pT^oceedf-^^-^^^ ^^^' 
to fill by ballot and by plurality of votes all vacancies in the 
Electoral College occasioned by the death, refusal to serve, or 
neglect tO attend at that hour, of any Elector, or occasioned by 
an equal number of votes having been given for two or more 
candidates for Presidential Electors, and then and there vote 
by ballot for President and Vice-President, one of whom at 
least shall not be an inhabitant of the same State with them- 
selves. They shall name in their ballots the persons voted for 
as President, and, in distinct ballots, the persons voted for as 
Vice-President. 

Sec. 249. They shall make distinct lists of all persons voted of*^candidaSl 
for as President, and of all persons voted for as Vice-Presi- ^hg^ vote ^f'J)r 
dent, and of the number of votes for each, which lists theyi^\^de. ^° ^^ 
shall sign and certify; and, after annexing thereto one of the q_ s. 156; 
lists received from the Secretary of State, they shall seal up igga, xv"!!.', 
the same, certifying thereon that lists of the votes of this State ''^'^' ^ ^^' 
* for President and Vice-President are contained therein. 

Sec. 250. The Electors shall then, by writing, under their 
hands, or under the hands of a majority of them, appoint a per- 



112 CIVIL CODE 

A. D. 1902. " 

' y ' son to take charge of the hsts so sealed up, who shall deliver 

T o appoint jj^g same to the President of the Senate of the Congress of the 

messenger to ° 

deliver lists; ]jjjj^g(j States, at the seat of government, before the second 

when and to ' o ' 

'^'^^oni- Wednesday in February then next ensuing. 

T. % ^'o '^'jV In case there shall be no President of the Senate at the seat 

R. S. 206", lb., 

1^1^2 5, XX., ,3£ government on the arrival of the person entrusted with the 

lists of the votes of the Electors, hetn such person is required to 

deliver the lists of the votes in his custody into the office of the 

Secretary of State of the E'nited States. 

other dupii- gec. 251. The Electors are also required to forward forth- 

cate lists; to i t~v • i - i r- j- i 

whom for-^vith, bv the postomce, to the President ot the Senate oi the 

warded and ■ ^ . ^ , 

delivered. United States, at the seat of government, and to deliver torth- 

G. s. 158; -^vith to the Judge of the United States for the District of South 

R S 200' 7& 

§■ 70; '1885' Carolina, and to the Secretarv of State, to be filed in his office, 

XIX. 27. ' 

similar lists signed, annexed, sealed up, and certified in the 
manner aforesaid. 
Compensation gee. 252. Evcrv Elector of this State for the election of a 

of Electors. - 

— - — President and Vice-President of the United States who shall at- 

G. S. 159; 

R- s. 2io;tgnd at any election of those officers, and give his vote at tne 

1882, XVII., -' . . . . . r 

1125, § 73- time and place appointed by law, shall be entitled to receive for 
his attendance at such election, and for traveling to and from 
his place of residence by the most usual route, the same sum as 
shall at the time be allowed by law to members of the General 
Assembly for their attendance and travel, to be paid in like 
manner. 



CHAPTER XII. 

Election of County Officers. 

Sec. I Sec. 

253. General election for County 254. Vacancies in County offices ; 

officers ; when held. | how filled. 

tio*^ToTcounty Sectloii 253. There shall be a general election for the following 
officers, when ^^^^^^. ^f^^^^^^ ^^ ^^[^ . County Supcrvisors and County Super- 

G. s. 160; intendents of Education, held in each County at ever}' general 
fi&2^x V I L, election for members of the House of Representatives ; and for 
Gen.' ^st.; ^y the election of Sheriff, Coroner and Clerk of the Court of Com- 
xix°^'lf!l mon Pleas, at every alternate general election, reckoning from 
XX.'? 281.^ ^ ^' the year one thousand eight hundred and eighty-eight, except' 
as to the Counties of Berkeley and Cherokee, and except for 
Sheriff and Coroner in Hampton County. 



OF SOUTH CAROLINA. 




Vacancy i n 
County offices; 



The Probate Judge in every County, and the Clerk of Court 
in Berkeley and Cherokee Counties, and the Sheriff and Cor- 
oner in Berkeley, Cherokee and Hampton Counties, shall be 
elected at every alternate general election, reckoning from the 
one thousand eight hundred and ninety. 

Clerk is a State officer within meaning of Constitution, Art., XIV., Sec. lo; and 
his term is limited to next general election. — Williams v. Ostendorf, MS. Dec, 
1877; State V. Sims, 18 S. C, 463. 

So is School Commissioner (now County Superintendent of Education), and his 
term is so limited. — Pettigrew v. Bell, 34 S. C, 104; 12 S. E., 1023. 

Sec. 254. In the event of a vacancy at any time in any of the 
offices of any county of the State, whether from death, resig- how filled 
nation, disqualification, refusal or neglect to qualifv of the „ G. s. i6i; 

^ ° -1 .- _ R. S. 2 I 2; 

person elected or appointed thereto, expiration of the term of 1882, xviii., 

•^ -^ 375 ; amended 

office, removal from the county or from any other cause, the 1899; xxiii., 
Governor shall have full power to appoint some suitable per- 
son, who shall be an elector of the county, and, upon duly quali- 
fying according to law, shall be entitled to enter upon and hold 
the office to which he has been appointed, if it be an elective of- 
fice, until the next general election, when an election shall be 
held to fill the unexpired term, and the officer so appointed or 
elected shall hold said office for the term of said election or 
appointment, and until his successor shall qualify; and if it be 
an office which was filled originally by appointment, until the 
adjournment of the General Assembly at the regular session 
next after such appointment ; and shall be subject to all the du- 
ties and liabilities incident to said office during the term of his 
service therein. 

Legislature may provide to fill vacancy in Clerk's office by election. — Reister 
V. Hemphill, 2 S. C, 325. 

The Governor cannot so fill a vacancy in the office of Judge of Probate, where 
the unexpired term exceeds one year. — Whitmire v. Langston, 11 S. C, 181. 



CHAPTER XIII. 

Primary Elections. 



Sec. 



Sec. 
257 



Returns, how made and when 
filed. 
258. Candidates may appoint 
watchers in certain Counties. 



255. Primary Elections, how con- 

ducted, appointment of man- 
agers, oaths. 

256. Duties of Managers. 

Section 255. Every political primary election held by any po- Regulation of 
litical party, organization, or association for the purpose of tions^"^^ ^ 
choosing candidates for office, or the election of delegates to 
conventions, shall be presided over and conducted in the nian- 



.— C 




CIVIL CODE 



ner prescribed by the rules of the pohtical party, organization, 
or association holding such primary election by managers se- 

a^rs!^ °^ °^^^' lected in the manner prescribed by such rules. Such managers 
R7~sr"77^ shall, before entering upon the discharge of their duties, each 

XX., 10, § I. |-^]^g ^^^ subscribe an oath that he will fairly, impartially and 
honestly conduct the same according to the provisions of this 
Act and the rules of such party, organization or association. 
Should one or more of the managers appointed to hold such 
election, fail to appear on the day of election, the remaining 
manager or managers shall appoint others in their stead and 
administer to them the oath herein prescribed. The managers 
shall take the oath herein prescribed before a notary public 
or other officer authorized to administer oaths ; but if no such 
officer can be conveniently had, the managers may administer 
Oaths to be the oath to each other. Such oaths shall, after being subscribed 

^^^' by the managers, be filed in the office of Clerk of Court for the 

County in which such election shall be held within five days af- 
ter such election. 
Duty of man- ggc. 256. Bcfore any ballots are received at such election, 

agers. -' ' 

— ^^ — ^ — ;^and immediately before opening the polls, such managers shall 

lb., § 2. open each ballot box to be used in such election, and exhibit the 
same publicly, to show that there are no ballots in such box. 
They shall then close and lock or seal up such box, except the 
opening to receive the ballots, and shall not again open the 
PoU list. same until the close of the election. They shall keep a poll list 
with the name of each voter voting in such elections, and shall 

Oath of voters, ^^^o'"^ receiving any ballot administer to the voter an oath that 
he is duly qualified to vote according to the rules of the party, 
and that he has not voted before in such election ; and at the 
close of the election they shall proceed publicly to count the 

rSah^"^^^^^^^^^^ ^^^ declare the result ; they shall certify the result of such 
election, and transmit such certificate, with the poll list, ballots, 
and all other papers relating to such election, within the time 
prescribed and to the person or persons designated by the rules 
of the party, organization or association holding such election. 
How held. gcc. 257. Evcry such primary election shall be held at the 

^^R. s. 215 ; time and place, and under the regulations prescribed by the 

rules of the party, organization, or association holding the same. 

Returns o f ^^d the retums shall be made and the result declared as pre- 

managers. scribed by such rules, but the returns of the manager, with the 
poll lists, shall be filed in the office of the Clerk of Court for the 
County in which such election is held, within four days after 



OF SOUTH CAROLINA. 115 

" ■ A. D. 1902. 

the final declaration of the result thereof, and shall remain ^ »- — -^ 

there for public inspection. 

The decisions of the State Executive Committee of the Democratic party as to 
the validity of a primary election are quasi judicial, and reviewable by the Courts 
under the writ of certiorari. Ex parte Sanders, 53 S. C, 478; 31 S. E., 290. The 
rules of the Democratic party as to primary elections are considered in same case. 

Sec. 258. That candidates in all counties in which there is a 56'fam'e^^dby 
city containing twenty thousand inhabitants or more shall have 3^°°' ^^™-' 
the right to appoint a watcher at each polling place to look after 
the interest of such candidates. And in all cities of twenty 
thousand inhabitants, or over, there shall be a party registration 
of voters under regulations to be prescribed by the rules of the 
party. 



TITLE III. 

OF THE ASSESSMENT AND COLLECTION OF 

TAXES. 

Chapter XIV. The Assessment of Taxes. 
Chapter XV. The Collection of Taxes. 



CHAPTER XIV. 

The Assessment of Taxes. 

Article i. Subjects and lien of taxes. 

Article 2. Definition of terms. 

Article 3. Property exempt from taxation. 

Article 4. General rules as to the return and assessment of 
property. 

Article 5. Special provisions as to returns of merchants, 
manufacturers and pawnbrokers, and respect- 
ing mines and mining claims. 

Article 6. Special rules as to returns and assessment of rail- 
road, express, telegraph and insurance compa- 
nies, and provisions as to other corporations. 

Article 7. Special rules as to the assessment of property re- 
turnable for taxation by persons, firms or cor- 
porations engaged in textile industries, and 
canals providing power for rent or hire, and 
cotton seed oil companies and fertilizer com- 
panies. «* 




CIYIL CODE 



Article 8. Special rules as to banks and bank stock and un- 
incorporated bankers and banking associations. 

Article 9. Tax on Incomes ; special rules for. 

Article 10. Proceedings on default of return and penalties 
therefor ; A-aluation of property for taxation. 

Article ii. The County Auditor; appointment, tenure of of- 
fice and general powers and duties. 

Article 12. Boards of Assessors and Boards of Equalization 
and their functions. 



ARTICLE I. 
Subjects and Lien of Taxes. 



Sec. 



259. Poll tax ; who liable for. 

260. What property is taxable. 

261. Who liable for taxes on real 

estate. 

262. Personal property held in 

trust or charge for others, 
wht) liable for taxes on. 



Sec. 
26 



Taxes a debt due the State, 
and a first lien upon prop- 
erty taxed ; how enforced. 
264. Collection of tax to pay 
Township Bonds in aid of 
Railroads. 



liable for'. Section 259. There shall be assessed on all taxable polls in this 

G. s. i6S; State an annual tax of one dollar on each poll, the proceeds of 

1882, XVI I.', which tax shall be applied solely to educational purposes. All 
males between the ages of twenty-one and fifty years, except 
those incapable of earning a support from being maimed or 
from any other cause, shall be deemed taxable polls. 

Poll tax Constitutional, but limited to use for educational purposes. — State v. 

11-. .. Cobb, 8 S. C, 123. 

W hat proper- -^ 

Sec. 260. All real and personal property in this State, and 
property of residents of this State which 



ty is taxable. 



G. S. 164; 1 

R. s. 217; J6., personal 

^'^^" may be kept or used temporarily out of the State, with the in- 
tention of bringing the same into the State, or which has been 
sent out of the State for sale and not yet sold ; all moneys, 
credits, investments in bonds, stocks, joint stock companies or 
otherAvise, of parties residents in this State shall be subject to 
taxation. 

Personal propert}' taxable where found. — Jenkins v. Charleston, 3 S. C, 400. 
Who liable ^^'^^''^'^y- — State v. Charleston, I Mill, 36; Bubow v. City Council, i N. & 
for taxes on McC, 527; Hayne v. DeLiesselirte, 3 McC, 374. 
real estate. 

Q ^^ j^ Sec. 261. Every person shall be liable to pay taxes and as- 
R. s. 218; lb., sessments on the real estate of which he or she mav stand seized 

s 150- 

in fee or for life, by courtesy, in dower, as husband in right of 
his wife, or may have the care of as guardian, executor, trus- 
tee or committee. 



OF SOUTH CAROLINA. 




Sec. 262. All executors, administrators, guardians, trustees, 
receivers, officers, husbands, fathers, mothers, agents or factors property ° held 
shall be personally liable for the taxes on all personal property chargl'''for oth^ 
which they are required, respectively, to list for taxation by f^'/tlxcs'on!^ 
the provisions of this Chapter, and which was in their posses- q g jgg. 
sion at the time when the return thereof for taxation shall havef-f.jf' ^■' ^'^■' 
been made by themselves or the County Auditors, and may re- 
tain in their hands a sufficient amount of the property, or pro- 
ceeds thereof, to pay such taxes for the entire year; and the 
County Treasurer may collect such taxes by any and all the 
means provided by Chapter XV., either of the principal or 
beneficiary, or of the persons so acting as executor, adminis- 
trator, guardian, trustee, husband, father, mother, agent or 
factor, receiver or officer. 

Sec. 263. All taxes, assessments and penalties legally asses- due the state, 
sed shall be considered and held as a debt payable to the State n e n upon 
by a party against whom the same shall be charged ; and such how enforced.' 
taxes, assessments and penalties shall be a first lien in all cases g. s. 170; 
whatsoever upon the property taxed; the lien to attach at thcgs/, "§ 155. 
beginning of the fiscal year during which the tax is levied ; and 
such taxes shall be first paid out of the assets of any estate of 
deceased persons, or held in trust as assignee or trustee, as 
aforesaid, or proceeds of any property held on execution or at- 
tachment ; and the County Treasurer may enforce the said lien 
by execution against the said property ; or, if it cannot be levied 
on, he may proceed by action at law against the person holding 
said property. 

When any real estate shall be sold under any writ, order of 
proceedings in any Court, the Court shall, on motion of any 
person interested in such real estate, or in the purchase or pro- 
ceeds of the sale thereof, order all taxes, assessments and pen- 
alties charged thereon to be paid out of the proceeds of such 
sale as a lien prior to all others. 

Liens, as preferred.- — State v. Allen, 2 Bay, 244. Must be expressly made so 
by the law or arise by necessary implication. — Barker v. Smith, 10 S. C, 226. 
Continues as long as Statute provides. — lb. It is not given priority over pre- 
viously attached inchoate right of dower. — Shell v. Duncan, 31 S. C, 547; 10 
S. E., 330. 

Executions, as to. Section is unconstitutional. — State v. Allen, 2 McC, 55; 
State v. Columbia, 6 S. C, 11. It was held under certain tax acts that the per- 
sonalty must be exhausted before land can be sold. — Ebaugh v. Mullinax, 34 S. C, 
364; 13 S. E., 613; Curtis V. Renneker, 34 S. C, 468; 13 S. E., 664. Under later 
Acts it has been held that the omission to exhaust the personalty does not affect 
the purchaser's title. 

Interstate B. & L. Ass'n v. Waters, 50 S. C, 459; 27 S. E., 948. 



ii8 CIVIL CODE 

A. D. 1902. 



'^'^v— ' Sec. 264. No Board of Township Commissioners, nor Coun- 
t a^°^ t°o'' pVy ty Board of Commissioners, nor any other officer or offices, shall 
issued maM of assess Or levy, and no County Treasurer nor other officer or 
hfbited!^^ P"""' officers shall collect any tax for the payment of township bonds, 
1897, xxiL.or the coupons thereof, issued in the aid of a railroad : Provided, 
^^•*' This Section shall not apply to those bonds issued in the aid of 

Exceptions, j-ailroads that have been completed and finished through such 
townships as have issued such bonds, nor until such road or por- 
tion thereof shall have been accepted by the Railroad Commis- 
sioners : Provided, further, That the provisions of this Section 
shall not apply to Newberry County or any part thereof. 



ARTICLE II. 

Definition of Terms. 

Sec. 265. Meaning of words, terms and phrases. 

tems"'**°'^ °f Section 265. The phrase "real property," as used in this Chap- 
— - — ^ — ^ter, shall be held to mean and include not only land, city, town 
^8 % ^^^' ^^''^^'^ village* lots, but all structures and other things therein con- 
tained or annexed or attached thereto which pass to the vendee 
by the conveyance of the land or lot. The phrase "personal 
property," as used in this Chapter, shall be held to mean and 
include all things, other than real estate, which have any pe- 
cuniary value, and moneys, credits, investments in bonds, 
stocks, joint stock companies, or otherwise. The term "mon- 
eys" or "money," as used in this Chapter, shall be held to mean 
and include gold, silver, and other coin, bank bills and other 
bills or notes, authorized to be circulated as money, whether 
in possession or on deposit subject to the draft of the depositor 
or person having the beneficial interest therein on demand. 
The term "credits," as used in this Chapter, shall be held to 
mean the remainder due, or to become due, to a party, after 
deducting from the amount of all legal debts, claims, and de- 
mands in his favor, the amount of all legal debts and demands 
against him, whether such demands be payable in money, labor 
or other valuable things. But, in ascertaining such remainder, 
no deduction shall be made for any obligation to any mutual in- 
surance company, given for insurance, nor any subscription to 
the capital stock of any joint stock company, nor of any taxes 
assessed against the party, nor of any subscription to any re- 



OF SOUTH CAROLINA. 



ligious, scientific, literary or charitable purpose, nor of any ac- 
knowledgement of a liability not founded on a legal and valu- 
able consideration, nor any more of an}-- joint liability with oth- 
ers than the party honestly believes he will be compelled to pay, 
nor any contingent liability, nor of any acknowledgement of 
debt or liability made for the purpose of diminishing the 
amount of credit to be returned for taxation. The phrase "in- 
vestment in bonds," as used in this Chapter, shall be held to 
mean all investments of money or means in bonds of whatsoever 
kind, whether issued by the government of the United States, 
or of this or any other State or Territory of the United States, 
or any foreign government, or any County, city, town, or other 
municipality, or by any corporation or company of this or any 
other State or country. The phrase "investments in stocks," 
as used in this Chapter, shall be held to mean and include all 
investments of money or means in the evidences of indebted- 
ness, other than bonds or bills designed to circulate as money, 
issued by any government or municipality, and shares of the 
capital of any corporation, company, or association, and every 
interest in any such shares or portion thereof ; also, all interests 
or shares in ships, boats, or other vessels used, or designed 
to be used, exclusively or partially, in navigating the waters 
within or bordering on this State, whether such ship, boat, 
or vessel be within the jurisdiction of this State or not, and 
whether such vessel be registered or licensed at any Collector's 
office in this State or not. The word "oath," as used in this 
Chapter, shall be held to mean and include an affirmation duly 
made. The words "person" and "party," and other word or 
words importing the singular number, as used in this Chapter, 
shall be held to include firms, companies, associations, and cor- 
porations ; and all words in the plural number shall apply to 
single individuals, in all cases in which the spirit and intent of 
this Chapter require it. All words in this Chapter importing 
the masculine gender shall apply to females also ; and all words 
in this Chapter importing the present tense shall apply to the 
future also. 





CIVIL CODE 



ARTICLE III. 
Property Exempt from Taxation. 

Sec. 266. i:Jxemptlons from taxes. 

from^^xes "^ ^ Scctioii 266. The following property shall be exempt from tax- 



ation, to wit : 



S-..?22; 1882, 1st. All public schools, and the grounds actually occupied by 



G. S. 169; R. 
S. 222; 1882, 
XVII., 98s. § 

^54- them, not exceeding in any case three acres. 

2d. All houses used exclusively for public worship, the books 
and furniture therein, and the ground actually occupied by 
them, not exceeding in any case two acres, and the parsonage 
and lot on which it is situate, so long as no income is derived 
therefrom. 

3d. All incorporated public colleges, academies and institu- 
tions of learning, with the funds provided for their support, and 
the grounds and the buildings actually occupied by them and 
not used with a view to pecuniary profit; but this provision 
shall not extend to leasehold estates held by others under the 
authority of any college or other institution of learning. 

4th. All real and personal property the rents, issues, incomes 
and profits of which have been or shall be given to any city, 
town, village, school district or sub-district in this State exclu- 
sively for the endowment or support of public schools therein, 
so long as such property, or the rents, issues, incomes or profits 
thereof shall be used or applied exclusively for the support of 
free education in said schools by such city, town, village, dis- 
trict or sub-district. 

5th. All graveyards or cemeteries, except such as are held 
with a view to profit or speculation in the sale thereof. 

6th. All property owned exclusively by the United States or 
this State. 

7th. All buildings owned by Counties and used exclusively 
as court houses, jails or public offices, with the grounds on 
which such buildings are or may be erected, not exceeding 
ten acres in any County. 

8th. All lands, houses, fixtures and property owned by any 
County or city and used exclusively for the support of the poor. 

9th. All property belonging to institutions of purely public 
charity and used exclusively for the maintenance and support 
of such institutions. 

loth. All fire engines and other implements used in the ex- 
tinguishment of fires, with the buildings and grounds used ex- 



OF SOUTH CAROLINA. 121 

A. D. 1902. 



clusively for the keeping and preservation thereof, when owned ^— ■^v^^i-' 
by any city, town or village, or any fire company organized 
therein. 

nth. All public squares or grounds and market houses 1896, xxii. 
owned by any city, village or town, and used exclusively for 
public purposes, and not for revenue. 

1 2th. All city, town and village halls owned and used ex- 
clusively for public purposes, and not for revenue, by any city, 
town or village. 

City of Columbia v. Tindal, 43 S. C, 547; 22 S. E., 341. ^ 

13th. All waterworks to supply water for the use of a town 
or city, the machinery and fixtures connected therewith, and the 
grounds occupied thereby, when owned by any city or town. 

14th. All bonds and stocks of this State. All municipal 
bonds in this State which, by the terms of the Act under which 
they are or may be issued, are, or may be, exempted from tax- 
ation. 

15th. All bonds and stocks of the United States which are 
not authorized by the laws of the United States to be taxed 
under State authority. 

1 6th. All rents accruing from real estate which shall not be- 
come due within two months after the first day of January of 
the yeai;^in which taxes are to be assessed thereon. ♦ 

17th. All of any annuity not payable on or before August 
first of the year for which taxes are to be assessed thereon. 

1 8th. All pensions payable to any person by the United 
States, or any State of the United States. 

19th. All shares of the capital stock of any company or cor- 
poration which is required to list its capital and property for 
taxation m this State. 

20th. All the wearing apparel of the person required to make 
return, and his family. 

2 1 St. Articles actually provided for the present subsistence of 
the person or his family, to the value of one hundred dollars. 

22d. Fair grounds of Agricultural and Mechanical Societies, 
when not used for purposes of profit. 

As to enforcement of collection of unpaid taxes upon municipal property not 
used exclusively for public purposes, and for revenue, see Sec. 425 — post. 




CR^IL CODE 



ARTICLE IV. 

Gexeral Rules as to the Returx axd Assessment of 

Property. 

Sec. 1 Sec. 

267. Comptroller General pre- i 270. At what places personal prop- 
scribes form of returns and erty shall be returned for 
oath. taxation and taxed. 

271. When annual returns of per- 
sonal property, &c., to be 
made ; particulars embraced ; 
character and value of prop- 
erty. 

272. When returns of real prop- 
erty shall be made. ^' 



26S. Annual returns of personal 
property to be made by 
every taxpayer. 

269. Persons listing for others, 
personally responsible ; list- 
ing must be in name of 
holder of legal title. 



Comptroller Sectioii 267. The Comptroller General shall prescribe the 

scrtbe^^forms.^' forms of all retums of taxation, and of the oaths that shall be 

G. s. 213; R. made thereto, and transmit the same to the several County Au- 

s. 223; lb. (jj^Qj-s • and any return made in any way varying therefrom shall 

not be regarded as a return. 

Sec. 268. Every person of full age, and of sound mind, shall 
assessment ^ of annually list for taxation the following personal property, to 



property. 



Wit: 



s. 224and^223! ist. All the tangible personal property in the State, owned 
or controlled by him. 

2d. All the tangible property owned by him or other-resident 
of South Carolina, and under his control, which may be tem- 
porarily out of the State, but is intended to be brought into the 
State. 

3d. All tangible personal property owned or controlled by 
him which may have been sent out of the State for sale, and 
not yet sold ; and 

4th. All the moneys, credits, investments in bonds, stocks, 
joint stock companies, or otherwise, owned or controlled by 
him, whether in or out of this State. 

The property of every ward shall be listed by his guardian ; 
of every minor child, having no other guardian, by the father, 
if living; if the father be dead, by the mother, if living; and if 
the mother be dead or married, by the person having it in 
charge; of the wife, by the husband, if living and sane, and 
the parties are residing together ; if the husband be dead, or is 
insane, or is not living Avith his wife, by the wife ; of ever}' 
person for whose benefit property is held in trust, by the 
trustee ; of everv deceased person, by the executor or adminis- 



OF SOUTH CAROLINA. 




trator; of those whose property or assets are in the hands of 
receivers, by such receivers ; of every firm, company, body 
poHtic or corporate, by the president or principal accounting 
officer, partner, or agent thereof; of all persons in the hands 
or custody of any public officer or appointee of a Court, by such 
officer or appointee ; of those absent or unknown, by their agent 
or the person having it in charge ; of lessees of real property, 
by such lessees. 

Sec. 269. All persons required by law to list property for erty listed and 

others, shall list it separately from their own, and in the name '■ 

of the owner thereof; but shall be personally responsible for s. ' 226; 'ib.', 
the taxes thereon for the year in which they list it, and may 
retain so much thereof, or the proceeds of the sale thereof, in 
their own hands, as will be sufficient to pay such taxes : Pro- 
vided, That all lands shall be listed and assessed as the property 
of the person or persons having the legal title to, and the right 
of possession of, the land at the time of listing and assessment, 
and in case of persons having possession of lands for life, in 
the name of the life-tenant : Provided, further, That in the 
case of estates administered, the property shall be listed and 
assessed as the property of "the estate of" the person deceased ; 
that in case of trusts, the property shall be listed and assessed 
as the property of the trustee, styled as trustee, committee, or 
guardian, as the case may be ; and that in case of bankruptcy, 
the property shall be listed and assessed as the property of the 
bankrupt. And any one who shall knowingly return land in 
the name of one not having the legal title to, and right of 
possession of, the land at the time of listing and assessment as 
provided in this Section, shall be liable in an action of damages 
in an amount at least equal to the tax assessed at the suit of 
the one entitled to the possession of said land. 

Sec. 270. All horses, neat cattle, mules, asses, sheep, hogs, ^°^^ an'1%7 

dogs, wagons, carts, and other vehicles used in any business ; ^"^ned. 

furniture and supplies used in hotels, restaurants, and other g<^-^s. 175 ^^R. 
houses of public resort ; all personal property used in or in xvii., 989. 
connection with storehouses, manufactories, warehouses, or 
other places of business ; all personal property on farms ; all 
merchants' and manufacturers' stock and capital, shall be re- 
turned for taxation and taxed in the city, village, and town in 
which it is situated ; all bankers' capital and personal assets per- 
taining to their banking business, in the city, town, and village 
in which the banking house is located ; all shares of stock in in- 




CIVIL CODE 



corporated banks located in this State, in the city, town, and 
village where the bank is located ; all property of deceased per- 
sons shall be returned for taxation at the residence of the 
executor or administrator, if in the County where administra- 
tion may be legally granted ; but if the executor or adminis- 
trator reside out of such County, at the County seat of such 
County, until distribution thereof, and payment may be made to 
the parties entitled thereto ; and all other personal property 
shall be returned for taxation and taxed at the place where 
the owner thereof shall reside at the time of listing the same, 
if the owner reside in this State ; if not, at the residence of the 
person having it in charge ; and all real estate shall be taxed 
in the County, city, ward, and town where it is located. 

^i9_oi, XXIII., 'pj^g owners of real property situate partly within and partly 
without any incorporated town or city are hereby required to 

returns!^*^^ ^^'^list the part in the town or city separately from the part outside 
the incorporate limits thereof. 
When return- Scc. 271. Everv pcrson required bv law to list property shall 

ed and now - ^ ^ • . 

valued. annually, between the first day of January and the twentieth 

G. s. 176; day of Februarv, make out and deliver to the Auditor of the 
R. S. 228; lb., ■' ■ ' 

990. County in which the property is, by law, to be returned for 

taxation, a statement, verified by his oath, of all the real estate 
which has been sold or transferred since the last listment of 
property for which he was responsible, and to whom, and of 
all the personal property possessed by him, or under his control, 
on the first day of January of each year, either as owner, agent, 
parent, husband, guardian, executor, administrator, trustee, re- 
ceiver, officer, partner, factor, or holder, with the value thereof, 
^.L^|tj^ng^of ag- on Said first day of January, at the place of return, estimating 
ducts for taxa- according to the rules prescribed by law: Provided, That the 
— 88 — iEix~^^^^^^^ *^^ ^^^ following agricultural products, to wit: corn, 
798. cotton, wheat, oats, rice, peas and long forage, made on the 

day specified by law, shall be the amounts actually on hand on 
August I, immediately preceding the date of said return: And 
provided, further, That this shall apply only to such of said 
products as are actually in the hands of the producer thereof. 
Which statement shall set forth : 
1st. The number of horses, and their value. 
2d. The number of neat cattle, and their value. 
3d. The number of mules and asses, and their value. 
4th. The number of sheep and goats, and their value. 
5th. The number of hogs, and their value. 



OF SOUTH CAROLINA. 




6th. The value of gold and silver plate, and number of gold 
and silver watches, and their value. 

7th. The number of piano fortes, melodeons, and cabinet or- 
gans, and their value. 

8th. The number of pleasure carriages, sCnd their value. 

9th. The number and value of dogs. 

loth. The value of goods, merchandise, moneys, and credits, 
pertaining to his business as a merchant. 

nth. The value of materials received, used, or provided to 
be used, in his business as a manufacturer. 

1 2th. The value of ail machinery, engines, tools, fixtures, 
and implements used, or provided to be used, in his business as 
a manufacturer, and of all manufactured articles on hand one 
year or more. 

13th. The value of moneys, including" bank bills and circu- 
lating notes. 

14th. The value of all credits. 

15th. The value of investments in the stocks of any com- 
pany or corporation out of this State, except National Banks. 

1 6th. The value of all investments in bonds, except bonds of 
the United States and this State expressly exempted from tax- 
ation. 

17. The value of all other property. 

Sec. 272. It shall be the duty of all persons who are required re?i%stlte"fCr 
by law to make returns of personal property to make full to^be°made ^" 
returns of all real estate and improvements thereon between "iggy xxii 
the first day of January and the twentieth day of February, ^^ 
1898, and at the same time in every fourth year thereafter : 
Provided, That for that portion of the township of Florence, 
for the County of Florence, lying within the limits of the City 
of Florence, like returns shall also be made between the ist day 
of March and the 15th day of March. 



126 CIVIL CODE 

A. D. 1902. 



ARTICLE V. 

Special Provisions as to Returns of Manufacturers and 
Pawnbrokers, and Respecting Mines and Mining 
Claims. 



Sec. 

273. Manufacturers defined ; state- 
ments additional to return 
of. 



Sec. 

274. Pawnbroliers ; annual re- 
turns ; when and to whom 
made, and what to contain. 

275. Mines and mining claims, 
how assessed and taxed. 

Section 273. Every person engaged in making, fabricating, or 

R. 's. ' 2 3 o; clianging things into new forms for use, or in refining, rectify- 
992. ' " ing, or combining different materials for use, shall be held to be 

a manufacturer, and shall, at the same time he is required to 
list his other property, make and deliver to the Auditor of the 
County in which his place of business is situated, a statement 
of the average value of all articles purchased, received or other- 
wise held for the purpose of being used by him in his business, 
at any time during the year preceding the first day of January 
of the year in which the return is made ; to ascertain which he 
shall set down the value on hand on the first day of January of 
the preceding year, or other time of commencing business dur- 
ing the year, add thereto all purchases, when made, at cost, 
ascertain the average value on hand for the month, deduct the 
average amount of sales for the month, at cost, and 
the remainder shall be the average on hand for that month; 
and, in like manner, ascertain the average value for each month, 
down to the first day of January of the year in which the return 
is to be made, add together such monthly values, divide the ag- 
gregate by the number of months he has been in business during 
the preceding year, as aforesaid, and to the quotient add the 
moneys and credits on hand the first day of January of the year 
in which the return is made, and the product of this last addition 
shall be the sum upon which he shall pay taxes for the year in 
which the return is made : Provided, That when business is 
opened after the first day of January of the preceding year and 
closed before the first day of January of the year in which the 
return is made, the parties opening and closing such business 
shall make returns on material — the time of opening and clos- 
ing such business being the times used as the basis of the return 
as established in this Section. And he shall also list at their 
full value, all machinery, tools, implements, fixtures and 



OF SOUTH CAROLINA. 




Pawnbrokers. 



engines, used or purchased for use in his business (except such 
as have been appraised for taxation as part of the realty), to- 
gether with all manufactured articles which have been on hand 
and remain unsold for one year or more prior to the first day 
of January of the year in which the return is made ; also, all the 
moneys and credits pertaining to said business, on hand on 
said first day of January : Provided, That all materials provided 
for use in said business shall be estimated as on hand until sold, 
or remain on hand in a manufactured state for one year. 

Sec. 274. Every pawnbroker, person, or company, engaged 
in the business of receiving property on pledge, or as security j^/^g. 23i;^ib! 
for money or other thing advanced to the pawner or pledger, 
shall, annually, in the month of January, or before the twentieth 
of February, return, under oath, to the Auditor of the County 
in which his place of business is located, the average monthly 
value of all property pawned or pledged to him during the year 
ending January first of the year in which the return shall be 
made, or, if engaged in the business for less than a year prior 
to said first day of January, then for such shorter period; and 
such average shall be ascertained by the rule prescribed in this 
Chapter for ascertaining the average value of the property of 
manufacturers, and taxes charged on such average value as 
upon other property at the same place. 

Sec. 275. All personal property used in connection with j^j^^j'^g^i^ims^ 
mines and mining claims, and all land not actually mined con- "^T^sTTiiT 
nected with mines and mining claims, shall be assessed for tax- fs82,\ v 1 1.', 
ation and taxed as is done in the case of all other personal and ^°°'^' 
real estate. In all cases where land is actually mined, such 
land shall not be assessed for taxation or taxed, but, in lieu 
thereof, the gross proceeds alone of such mines and mining 
claims shall be assessed and taxed. 




CIVIL CODE 



ARTICLE VI. 

Special Rules as to Returns and Assessments of Rail- 
road, Express, Telegraph and Insurance Companies, 
AND Provisions as to Other Corporations. 



Sec. 

276. Railroads and like companies 

to return property in use as 
personalty ; lien for taxes ; 
return, when and where 
made. 

277. Railroad companies ; annual 

returns to Comptroller Gen- 
eral ; how made and what 
to contain. 

278. The same ; annual returns to 

County Auditors ; what to 
embrace. 

279. How value of railroad prop- 

erty fixed and apportioned. 

280. Comptroller General pre- 

scribes forms of return and 
oath. 

281. Receiver makes returns when 

road in his hands. 

282. Comptroller General's powers 

relative to returns and in- 
vestigation touching same. 

283. State Board of Assessors ; 

who constitute ; annual 
meeting and proceedings. 

284. Comptroller General certifies 

action of Board to County 
Auditors, who conform their 
duplicates thereto. 

285. Where railroad company fails 

to make returns, Board to 
ascertain value and add 
penalty ; result certified to 
Auditors. 

286. Attorney General to bring ac- 

tion, to test right of railroad 
companies to exemption 
from taxation. 

287. How railroad property not on 

books may be assessed. 

288. Telegraph companies defined. 

289. Express companies defined. 

290. Sleeping car companies de- 

fined. 

291. Tax returns of telegraph, 

telephone, express and sleep- 
ing car companies. 

292. Comptroller General to ex- 

amine such returns. 

293. Action of State Board of As- 

sessors thereon. 



Sec. 
294. 



295. 
296. 



297. 



298. 



299. 



300. 



301. 



302. 



303. 



304. 



305. 



306. 



307. 



308. 



Value of property, how as- 
certained. 

Value of property in this 
State to be ascertained. 

Board of Assessors to certify 
values to Comptroller Gen- 
eral. 

Auditors to require agents to 
report and apportion values 
in Townships, &c. 

Penalties on such companies 
for failure to pay taxes as- 
sessed. 

Special provisions as to past 
due taxes on such com- 
panies. 

Penalties on such companies 
for failure to make returns ; 
duties of Comptroller Gen- 
eral and Auditors in such 
case. 

Returns of such companies 
having principal office out 
of State ; Comptroller Gen- 
eral prescribes form ; his 
powers relative thereto. 

Foreign insurance companies ; 
returns to be made by 
agents ; when and to whom 
made, and particulars 
thereof. 

Domestic insurance com- 
panies ; returns of person- 
alty ; where made. 

Corporations organized under 
laws of State and owning 
property therein, and else- 
where ; how assessed and 
taxed. 

Capital of domestic corpora- 
tion owning no property in 
State not to be taxed. 

Corporations in general to 
list property as individuals 
are required to list. 

Companies incorporated under 
joint charter to be assessed 
and taxed as may be pre- 
scribed therein. 

Refusal to pay taxes works 
forfeiture of charter. 



Prior to the Constitution of 1895, municipalities were not bound by assessment 
by the State Board. — State ex. rel. So. Rwy. Co. v. Talley, 50 S. C, 374; 27 S. E., 
803. 



OF SOUTH CAROLINA. 




Section 276. The road bed, right of way, station buildings, 
toll houses, structures, tools, machinery, poles, wires, fixtures, p^^|'jJ'"°^Q^p\"jf. 
vessels, and real estate, owned and necessarily in daily use by J.^/j.^°tgj. ^ ' '^ ^ 
any railroad, turnpike, plank road, bridge, telegraph, canal, or~^~^ j^^. 
slack- water navigation company, in the prosecution of its busi- fs82^xyii!, 
ness, shall, for the purposes of this Chapter, if the company ^^-■ 
be organized in this State, be treated as personal property. But 
the lien, for taxes, shall attach to the property as if the same 
were real property, and the President, Secretary, or principal 
accounting officer thereof, shall include the value thereof in the 
return of the other personal assets of such company for tax- 
ation ; which return shall be made in the month of January, 
or before the twentieth of February, annually, to the several 
Auditors of the Counties in which such road, canal, bridge, 
telegraph line, or slack- water navigation company may be sit- 
uated, according to the value of such property in each, together 
with a statement of the amount of such assets situate in each 
city, town, village, or ward in said Counties, respectively; and 
the value of the movable assets of such company shall be ap- 
portioned to each town, city, ward, or village, in proportion to 
the value of the road bed, canal, slack-water navigation, bridge, 
or telegraph line in each. 

Railroad held not liable for taxes, when exempt by its charter, as against bonds 
having first statutory lien thereon.- — Hand v. R. R. Co., 17 S. C, 219. An assess- 
ment to pay expenses of railroad commissioners valid. — C. C. & A. R. R. Co. v. 
Gibbes, 24 S. C, 60; lb; 27 S. C, 385; 4 S. E., 49. 

Sec. 277. The President and Secretary of every railroad Returns, when 

company whose track or road bed, or any part thereof, is in this - — '- 

State, shall annually, between the first of January and twentieth r. s. 234; ib.'. 
of February, return to the Comptroller General, under their ^^^' 
oaths, the total length thereof in each County, city, town and 
incorporated village in this State ; the total length of their 
double track in this State, and the length thereof in each 
County, town, city and incorporated village of this State; the 
total length of all their side tracks, and the length thereof in 
each city. County, town and incorporated village in this State, 
the location and value of all their shops, depots, grounds, sta- 
tion houses, wood and water stations, buildings, stationary en- 
gines, tools, implements, and fixtures in South Carolina, and 
all other real estate necessary to the daily running operations 
of the road; the number and value, each, of all their loco- 
motive engines, passenger, freight, platform, gravel, construc- 
tion, hand, and other cars; the value of their moneys and 

9.-C 



I30 CIVIL CODE 

A. D. 1902. 

N.-«»-v-«w credits ; the total value of the entire road, appurtenances, and 
equipments, and the total value of said road in South Carolina, 
with its appurtenances and equipments. 

made!""^' ^^^"^ Sec. 278. The President and Secretary of every railroad 
Q ^ ^^ company mentioned in the preceding Section shall also, an- 

R. s. 235; lb. nually, between the first of January and the twentieth of Feb- 
ruary, return to the County Auditor of each County in South 
Carolina through or into which such road, or any part thereof, 
may be located, a statement of the value of said road, and the 
property of the company in said County, and in each of the 
towns, cities and villages of said County through or into which 
said road, or part thereof, is located, in the manner and form 
required by this Chapter in the return to the Comptroller 
General. 
How made; Scc. 279. In ascertaining the value of the road and property 

how valued. '^ 

— - — of any railroad company, the value of the right of v/ay, bed 

G. S. 182 ', 

R. s. 236; and track of the whole road shall be fixed, and such value ap- 
1882, XVII., .,,,.,,, 

993- portioned pro rata to each mile of the mam track; and to the 

value of the number of miles of main track in each town, city 
and incorporated village of each County in this State through 
and into which said road is located, shall be added the value 
of the real estate, fixtures, stationary engines, tools, implements, 
machinery and other stationary property provided for use in the 
daily operations of the road, situate in said town, city, or vil- 
lage ; and the total value of the rolling stock, moneys and 
credits shall be apportioned pro rata to each mile of the main 
track of said road, and the amount thereof, according to the 
number of miles of main track in each town, city and village in 
this State, added to the value of the main track in such town, 
city and village, respectively ; and the aggregate value of said 
road and property in this State, and in each County, city, town 
and incorporated village of this State, through or into which 
said road is located, shall be stated in said return. 
„ .„ , Sec. 280. The return and oath required of officers of railroad 

How verified. ^ 

— ^ — ^ — ^^ companies shall be made in such form as shall be prescribed by 

R. s. 237; i&.. the Comptroller General. 

994. r- _ _ 

When in ^®^* ^^^' If a^i}' I'sili'oad, its appurteuanccs, equipments, and 
hands of a Re- propertv of auv kind soever, shall be in the hands of a receiver 

ceiver, to be J^ J^ -■ ' ' 

made by Re- qj- other officcr, such rccciver or other officer shall make the 

ceiver. ' 

— - — ^ — ^j^ returns required by this Chapter. 

R. s. 238; lb. Sec. 282. The Comptroller General, or any person appointed 
by him for that purpose, may put any question, in writing, he 



OF SOUTH CAROLINA. 131 

A. D. 1902. 



e r 



may deem proper, to any officer, agent or receiver of any rail- ^ y — 

road company having any portion of its track in this State ; ^ComptroU ^ 
and he may summon any officer, receiver or agent of such com- '^^^^^ L°am°ne 
pany to appear before him and testify, under oath (which oath ^°o^S' etc. 
said Comptroller General is authorized to administer), touch- ^^^^ %g-^%' 
ing such railroad company's property, and the management 
and disposition thereof; and he may, by himself, or some 
person appointed by him, examine the books and papers of such 
company, in the hands of the company, or any of its officers, 
agents or receivers ; and all such officers, agents and receivers 
shall answer, under oath, all such questions as shall be put to 
them, or either of them, by said Comptroller General, or any 
person appointed by him for that purpose, relative to the con- 
dition, amount and value of said company's property and the 
management or disposition thereof. 

Sec. 283. The Treasurer of the State, Secretary of State, g^^^^ Board 
Comptroller General and Attorney General of the State, and "^^jj^^^f'sOp^^^of 

the Chairman of the Board of Railroad Commissioners of thisf^*^- 

State, shall constitute a State Board of Assessors, a majority j^^g 2^0.^^^' 
of whom shall constitute a quorum for the transaction of busi- 
ness, who shall meet at the office of the Comptroller General 
■on the second Wednesday of May, annually, or as soon there- j^^^™^ °^ ^^^^' 
after as the Comptroller General shall notify said Board that 
the returns of the several railroad companies have been filed 
in his office, and shall determine and assess the value of the Assessment. 
property of railroad companies whose roads are wholly or par- 
tially in this State, returned to the Comptroller General under 
the provisions of this Chapter, increasing the value of the road 
and property of such company or companies as shall have been, .^ai^atk)n". ° ^ 
in their judgment, returned at too low a valuation, and 
•diminishing the values of such as may have been returned at 
too high a valuation. They shall keep a record of their pro- Record, 
■ceedings, which shall be signed by all of the members present, 
and deposited with and kept by the Comptroller General ; and a 
majority of the members present shall be competent to decide Decisions, 
all questions which may come before said Board. 

Sec. 284. The Comptroller General shall certify to the ^Comptroller 

^ _ -^ General to cer- 

County Auditor of each County into which any railroad, or part t'fy to Audi 
thereof, may be located, the valuations of railroad property in— ^^ — ^ — — 
said County as determined and assessed by the State Board of R s.241. 
Assessors, with all additions made to or deductions from the 
valuation of the property of any railroad company in said 




CIVIL CODE 



County by the State Board of Assessors ; and the County Audi- 
tor shall charge the railroad company or companies in the 
Auditors t o several cities, towns, townships and incorporated villagfes of 

charge taxes. ' ^ r r- a 

their County, for taxation, with the valuations determined and 
assessed by the State Board of Assessors. 
Proceedings in gee. 285. If anv railroad company, or its officers, shall fail 

case of no re- - r- j > ' 

^"^"- to make the returns to the Comptroller and to each County 

R^s -'2 '^^' ^"^uditor in each County in which such railroad, or part thereof, 
may be located, as herein required, on or before twentieth day 
of February, annually, the State Board of Assessors shall pro- 
ceed to ascertain the value of said companies' road and prop- 
erty, according to the principles prescribed herein, from the 
best information they can conveniently obtain, and add thereto 
Penalty. -Q£|.^. pgj. centum as penalty, and apportion the same to the 
several Counties, towns, townships, cities and incorporated vil- 
lages through or into which said road, or any part thereof, 
be'^certified. * ° ^^7 ^6 locatcd, and the Comptroller General shall certify the 
1807, XXII., same to the several County Auditors, who shall place the same 
"^53- on their duplicates for taxation. 

tesTriihTof Sec. 286. The Attorney General is hereby directed to proceed 
panie^'^to °ex- ^° institute proceedings to test the right of any railroad com- 
tSfation ^ "" ° "^ P^^^y ^" ^^^^ State to an exemption from taxation if in his judg- 
ment he thinks it proper to do so. 
fo?"aiMaxe° ^ '^^^ State, in any such case, may bring one action for all 
taxes due. State, County, "ordinary" and "special," and recover 
the whole in one proceeding, 
ered^liow^'cfis- Any taxcs SO rccovcrcd shall, after paying the expenses of 
tributed. collcctiou, bc distributed amongst the State and Counties in- 

terested, according to the respective interests of each under 
their respective levies for the year for which recovery is made. 
prSl°^''°"" The Railroad Board of Assessors, on behalf of the State, 
and the Supervisors of the Counties and the attorneys repre- 
senting them in any such proceeding, on behalf of the Counties, 
shall have the right to compromise and settle Avith any such 
railroad companies as may be proceeded against under this 
Section on such basis as they shall deem proper and just. 

Nothing contained in Chapter III, Title II, Part II of the 
Code of Civil Procedure shall apply to any action or proceeding 
instituted under this Section. 
dies^^^not'^^hn- Nothing in this Section shall be construed to impair any other 
paired. remedy than those herein provided which the State or any of 

its agents or the Counties now have for the collection of any 
such taxes. 



OF SOUTH CAROLINA. 133 

A. D. 1902. 



The Circuit Court has jurisdiction of an action brought under this Section, v^^p-^-^^^ 
and the complaint must show that the tax has been legally assessed. — State v. 
Cheraw and D. Ry. Co., 54 S. C, 564; 32 S. E., 691. 

Sec. 287. When railroad property has not been returned nor pr'?p°e^ty^'^n°o't 
assessed for any year, and not put on the tax books for such°f^y^''^,g^°''^';® 

year or years, and no taxes were paid thereon, and more than messed. ^ 

a year has elapsed since taxes for such years, if assessed at 354°°' ^^^^^•' 
the proper time, would have been due, the said taxes shall be 
assessed by the Railroad Board of Assessors, which shall be 
convened in extra session by the Secretary of State for such 
purpose, on the petition of any County Supervisor in whose 
County any part of such railway may lie. 

Such Board shall fix the value of said road for each year 5^^"" ^^^"^ °^ 
in which it shall appear that said road has been off the books, 
separately, and its valuation, and this, with the number of 
miles in each County, shall be certified to the respective County 
Auditors, as the valuation of railroad property is done when 
regularly returned and assessed. 

Said Auditor shall enter the said assessment each year Auditor to 

■^ enter assess- 

separately in the tax books in his office for the respective years, ^^^^^ ''^ ' ^ ^ 

and charge the taxes on said assessment under the levies for 

those years, as if they had been assessed and levied at the 

usual time; and he shall furnish a certified statement to the 

County Treasurer, showing the property taxed, the value of the 

same, and the amount due for each year separately. 

The Treasurer shall immediately demand the said taxes (jemTnd"[axes° 
of the company in default ; or, if he find the property in control 
of another company, demand shall be made of the company 
which he finds in the possession of the property. 

Said taxes shall become due as soon as said demand is , ^"^^^ ^^^J^^ 

D r o u g ht tor 

made, and if they are not paid within sixty days from the de- ^°h^e ^""^ a n^i 
mands made, there may be an action brought in the name of '^°^- 
the State, by the Attorney General, and such counsel as the 
Counties interested may employ, against the company in de- 
fault, and any company which may be in possession of the 
property which has escaped taxation, for the recovery of said 
taxes ; and suit may be brought for each year separately, or for 
all the years consolidated. 

The assessment herein provided for shall be limited to the Qf^™gg^gj^g°t" 
period of ten years immediately preceding the restoration of 
said railroad property to the tax books, and no recovery shall 
be had hereunder for a longer period than ten years. 




CIVIL CODE 



The provisions of this Section shall not apply to any railroad 
1901, XXIII., property which may be hereafter adjudged by the Courts to be 

87 1- ' , , , 

exempt by law from the taxes which may be assessed agamst it 
under this section. 
Other reme- Nothinsf herein contained shall be construed to impair 

dies not im- "^ ^ 

paired. in any way the right of the State, or any of its officers or 

1900, XXIII., agencies, to collect such taxes in any other method provided 

by law. 

Teiegrph gec. 288. Any joint stock association, company, copartner- 
companies de- -^ ■" ' ST J ' I. 

fined. ship or Corporation, whether incorporated under the laws of 

_ 1898, XXII., this State, or of any other State, or of any foreign nation, en- 
gaged in transmitting to, from, through, in or across the State 
of South Carolina telegraphic messages, shall be deemed and 
held to be a telegraph company, 
panfes^^dlffnid! Scc. 289. Evcry joint stock association, company, copartner- 
J^ ship or corporation incorporated or acting under the laws of 

this or any other State, or any foreign nation, engaged in con- 
veying to, from, through, in or across this State, or any part 
thereof, money, packages, gold, silver, plate, merchandise, 
freight or other articles, under any contract, express or implied, 
with any railroad company, or the managers, lessees, agents or 
receivers thereof, provided such joint stock association, com- 
pany, copartnership or corporation is not a railroad company, 
shall be deemed and held to be an express company within the 
meaning of this article. 

Southern Express Co. v. Hood, 15 Rich., 66. 

Sleeping car ggg^ 290. Evcrv joiut stock associatiou, company, copartner- 
companies de- -' J ' sr J ' L 

fi"gd. si-jjp or corporation incorporated or acting under the laws of 

^^- this or any other State, or of any foreign nation, and conveying 

to, from, through, in or across this State, or any part thereof, 
passengers or travelers in palace cars, drawing-room cars, sleep- 
ing cars, dining cars, or chair cars, under any contract, express 
or implied, with any railroad company, or the managers, 
lessees, agents or receivers thereof, shall be deemed and held to 
be a sleeping car company for the purposes of this Article. 
Tdlphlne^Ex- ^cc. 291. Evcry such telegraph, express, sleeping car, and 
iiee In' Car^^^^^y telephone company doing business in this State, whether 
mTkT verified ^"corporated under the laws of this State, or of any other State, 
Com^r'L* li e ? o^ o^ ^"7 forcigu nation, shall annually, between the first day 
timflc ^°"'of January and the twentieth day of February, make out and 
1898 XXII , deliver to the Comptroller General of this State a statement, 
713; lb. verified by the oath of the officer or agent of such company 



OF SOUTH CAROLINA. 




making- such statement, with reference to the thirty-first day of 
December next preceding, showing, m^nf nfu^l^t 

First. The total capital stock or capital of said association, ^'^°^''- 
copartnership or corporation. 

Second. The number of shares of capital stock issued and 
outstanding, and the par or face value of each share ; and in 
case no shares of capital stock are issued, in what manner the 
capital thereof is divided, and in what manner such holdings are 
evidenced. 

Third. Its principal place of business. 

Fourth. The market value of the said shares of stock on 
the first day of December next preceding, and if such shares 
have no market value, then the actual value thereof; and in 
case no shares of stock have been issued, state the market value, 
or the actual value in case there is no market value, of the capi- 
tal thereof, and the manner in which the same is divided. 

Fifth. The real estate, structures, machinery, fixtures and 
appliances owned by said association, company, copartnership 
or corporation, and subject to local taxation within the State 
of South Carolina, and the location and assessed value thereof 
in each County or township where the same is assessed for local 
taxation. 

Sixth. The specific real estate, together with the improve- 
ments thereon, owned by said association, company, copartner- 
ship or corporation, situate outside the State of South Caro- 
lina, and not used directly in the conduct of the business, with 
a specific description of each piece, where located, the purpose 
for which the same is used, and the sum at which the same is 
assessed for taxation in the locality where situate. 

Seventh. All mortgages upon the whole or any part of its 
property, together with the dates and amounts thereof. 

And in the case of telegraph and telephone companies : 

Eighth, (a) The total length of the lines of said association 
or company. 

(b) The total length of so much of their lines as is outside 
the State of South Carolina. 

(c) The length of the lines within each of the Counties and 
Townships within the State of South Carolina. 

And in the case of an express company : 

Eighth, (a) The total length of the lines or routes over 
which such association, company, copartnership or corporation 
transports such merchandise, freight or express matter. 




CIVIL CODE 



(b) The total length of such lines or routes as are outside 
the State of South Carolina. 

(c) The length of such lines or routes within each of the 
Counties and Townships within the State of South Carolina. 

And in the case of a sleeping car company : 
Eighth, (a) The total length of the main lines of all the 
railroad companies over which said cars are run. 

(b) The total length of so much of the main lines of all the 
railroad companies over which said cars are run as is outside 
the State of South Carolina. 

(c) The length of the lines of said railroad companies over 
which said cars are run within each of the Counties and Town- 
ships within the State of South Carolina: Provided, That 
where the railroads over which said lines run have double 
tracks, or a greater number of tracks than a single track, the 
statement shall only give the mileage as though such tracks 
were but a single track; and, in case the Comptroller General 
shall require it, such statement shall show in detail the number 
of miles of each or any particular railroad system or division. 

GinTrl^fotl Sec. 292. Upon the filing of such statements, the Comptroller 
m™irts;^dutks General shall examine them, and each of them, and if he shall 
ther'eto,'^&c!'°'' ^ecm the same insufficient, or in case he shall deem that other 



lb.. § s- 



information is requisite, he shall require such officer to make 
such other and further statements as said Comptroller General 
may call for. In case of the failure or refusal of any associa- 
tion, company, copartnership or corporation to make out and 
deliver to the Comptroller General any statement or statements 
required by Sections 288 to 291 inclusive, such association, com- 
pany, copartnership or corporation shall forfeit and pay to the 
State of South Carolina one hundred ($100) dollars for each 
additional day such report is delayed beyond the twentieth day 
of February, to be sued and recovered in any proper form of 
action in the name of the State of South Carolina on the rela- 
tion of the Comptroller General, and such penalty, when col- 
lected, shall be paid into the general fund of the State. 
Gene'^aiToSay Sec. 293. Upou the meeting of the State Board of Assessors 
'wSl B'd for the purpose of assessing railroad and other property, said 
!i^!!!!!!!!^ Comptroller General shall lay such statements, with such in- 
ib., § 6. formation as may have been furnished him, before said State 
Board of Assessors, who shall thereupon value and assess the 
property of each association, company, copartnership or cor- 
poration, in the manner hereinafter set forth, after examining 



OF SOUTH CAROLINA. 




such statements and after ascertaining the value of such proper- 
ties therefrom, and from such other information as they may- 
have or obtain. For that purpose they may require the agents 
or officers of said association, company, copartnership or cor- ^ °j!^* ^^p^°^ 
poration to appear before them with such books, papers or lessors, &c. 
statements as they may require, or they may require additional 
statements to be made to them, and may compel the attendance 
of witnesses, in case they shall deem it necessary, to enable 
them to ascertain the true cash value of such property. 

Sec. 294. Said State Board of Assessors shall first ascer- Board of As- 

1 . . r 1 • 1 1 • 1 sessors to as- 

tam the true cash value of the entire property owned by said certain value 

, . . f. . 1 of prop e r t y; 

association, company, copartnership or corporation from said how, &c. 
statements or otherwise, for that purpose taking the aggregate ib.. § y- 
value of all the shares of capital stock, in case said shares have 
a market value, and in case they have none, taking the actual 
value thereof, or of the capital of said association, company, 
copartnership or corporation, in whatever manner the same is 
divided, in case no shares of capital stock have been issued : 
Provided, however. That in case the whole, or any portion, of 
the property of such association, company, copartnership or 
corporation shall be incumbered by a mortgage or mortgages, 
such Board shall ascertain the true cash value of such property 
by adding to the market value of the aggregate shares of stock 
or to the value of the capital in case there shall be no such 
shares, the aggregate amounts of such mortgage or mortgages, 
and the result shall be deemed and treated as the true cash 
value of the property of such association, company, copartner- 
ship or corporation. Such Board of Assessors shall, for the 
purpose of ascertaining the true cash value of the property 
within the State of South Carolina, next ascertain from such 
statements, or otherwise, the assessed value for taxation, in the 
localities where the same is situated, of the several pieces of 
real estate situate within the State of South Carolina and not 
specifically used in the general business of such association, 
companies, copartnerships or corporations, which said assessed 
values for taxation shall be by said Board deducted from the 
gross value of the property as above ascertained. Said State 
Board of Assessors shall next ascertain and assess the true 
cash value of the property of such associations, companies, co- 
partnerships or corporations within the State of South Caro- 
lina by taking the proportion of the whole aggregate value of 
said associations, companies, copartnerships or corporations, as 



138 CIVIL CODE 

A. D. 1902. ~~ 

'— "-v""*-^ above ascertained, after deducting the assessed value of such 
real estate without the State, which the length of the lines of said 
associations, companies, copartnerships or corporations, in the 
case of telegraph and telephone companies within the State of 
South Carolina, bears to the total length of the lines thereof; 
and in the case of palace, drawing-room, sleeping, dining or 
chair car companies, the proportion shall be the proportion of 
such aggregate value, after such deductions, which the length 
of the lines within the State, over which said cars are run, bears 
to the length of the whole lines over which said cars are run ; 
and in the case of express companies, the proportion shall be the 
proportion of the whole aggregate value, after such deductions, 
which the length of the lines or routes within the State of 
South Carolina bears to the whole length of the lines or routes 
of such associations, companies, copartnerships or corporations, 
and such amount, so ascertained, shall be deemed and held as 
the entire value of the property of said associations, companies, 
copartnerships or corporations within the State of South Caro- 
lina. From the entire value of the property within the State 
so ascertained there shall be deducted by the Board the assessed 
value for taxation of all real estate, structures, machinery and 
appliances within the State and subject to local taxation in 
the Counties and Townships, as hereinbefore described in Item 
No. 5 of Section 291, and the residue of such value so ascer- 
tained, after deducting therefrom the assessed value of such 
local properties, shall be by said Board assessed to said asso- 
ciation. 

How value of ggg^ 295. Said State Board of Assessors shall thereupon 

property ascer- _ _ '■ 

i_Bintd^ ascertain the value per mile of the property within the State 

lb., § 8. i-,y dividing the total value, as above ascertained, after deduct- 
ing the specific properties locally assessed within the State by 
the number of miles within the State, and the result shall be 
deemed and held as the value per mile of the property of such 
association, company, copartnership or corporation within the 
State of South Carolina. 
Board of As- Scc. 296. Said State Board of Assessors shall thereupon, 
tffy°'^vaiue'^?o for the purposc of determining what amount shall be assessed 
Ge^?d°whoby it to said association, company, copartnership or corporation 
to""^' Audifo^ ! in each County in the State through, across, into or over which 
po'rtion? ^a n'd the line of said association, compan}^ copartnership or cor- 

^' poration extends, multiply the value per mile, as above ascer- 

^^■' ^ ^' tained, bv the number of miles in each of such Counties as re- 



OF SOUTH CAROLINA. 




ported in said statements, or as otlierwise ascertained, and the 
result tliereof shall be by said Board certified to the Comptroller 
General, who shall thereupon certify the same to the Auditors, 
respectively, of the several Counties through, into, over or 
across which the lines or routes of said association, company, 
copartnership or corporation extend, and such Auditors shall 
apportion the amount certified for their Counties, respectively, 
among' the several Townships into, through, over or across 
which such lines or routes extend in proportion to the length 
of the lines in such townships. 

Sec. 297. To enable said Countv Auditors to properly ap- Auditors may 

r sr J r- require agents 

portion the assessments between the several Townships, they ^° report, &c. 
are authorized to require the agent of said association or com- -f^-' § '°- 
pany to report to them, respectively, under oath, the length of 
the lines in each township, and the Auditor shall thereupon 
add to the value so apportioned the assessed valuation of the 
real estate, structures, machinery, fixtures and appliances sit- 
uated in any Township, and extend the taxes thereon upon 
the duplicates, as in other cases. 

Sec. 298. In case any such association, copartnership or cor- Penalty for 

o • o • ■ 1 f -1 f^""re or re- 

poration as named in Sections 288 to 291 inclusive shall fail fusai to pay 

... the taxes as- 

or refuse to pay any taxes assessed against it in any Countv s e s s e d, and 

^. ^ . . . '^ -^ . " how collected; 

or Township in the State, in addition to other remedies pro- such taxes to 

. . be collected by 

vided by law for the collection of taxes, an action may be prose- Comptr o 1 1 e r 

(-. 1-0 /— 1- 1 1 f- General; how 

cuted m the name of the State of South Carolina, by the So- disposed of. 
licitors of the different Judicial Circuits of the State, on the ih.,%11. 
relation of the Auditors of the different Counties of this State, 
and the judgment in said action shall include a penalty of fifty 
per cent, of the amount of taxes as assessed and unpaid, to- 
gether with reasonable attorney's fees for the prosecution of 
such action, which action may be prosecuted in any County 
into, through, over or across which the line or route of any 
such association, copartnership, company or corporation shall 
extend, or in any County where such association, company, 
copartnership or corporation shall have an office or agent for 
the transaction of business. In case such association, company, 
copartnership or corporation shall have refused to pay the 
whole of the taxes assessed against the same by said State 
Board of Assessors, or in case such association, company, co- 
partnership or corporation shall have refused to pay the taxes, 
or any portion thereof, assessed to it in any particular County 
or Counties, Township or Townships, such action may include 



I40 CIVIL CODE , 

A. D. 1902. ■ 

"^ y ' the whole, or any portion, of the taxes so unpaid in any County 

or Counties, Township or Townships ; but the Attorney Gen- 
eral may, at his option, unite in one action the entire amount 
of the tax due, or may bring separate actions in each separate 
County or Township, or join Counties and Townships, as he 
may prefer. All collection of taxes for or on account of any 
particular County made in any such suit or suits shall be by 
said Comptroller General accounted for as a credit to the 
respective Counties for or on account of which such collections 
were made by said Comptroller General at the next ensuing 
settlement with such County ; but the penalty so collected shall 
be credited to the general fund of the State ; and upon such 
settlement being made, the Treasurers of the several Counties 
shall, at their next settlements, enter credits upon the proper 
duplicates in their offices, and at the next settlement with such 
County report the amount so received by him in his settle- 
ment with the State, and proper entries shall be made with 
reference thereto : Provided, however, That in any such action 
the amount of the assessment fixed by said State Board of 
Assessors, and apportioned to such County, or apportioned by 
the County Auditor to any particular Township, shall not be 
controverted. 
vision"^'as^t°o Scc. 299. All moucys now due the State, or which may be- 
on^^uch cTm-come duc ou the 20th day of February, 1898, or at any other 

■ ^^"^^^' . time, on account of any assessment or charge made against any 

^^' of the joint stock associations, persons, companies or corpora- 
tions, on account of per cent, on gross or net earnings for the 
preceding year or years, and all penalties and charges thereon 
growing out of any failure to make reports on payments as now 
required by the provisions of any Act repealed hereby, shall be 
paid and collected under the provisions of said repealed Acts 
the same as if said Acts were not repealed ; and any suit 
brought for the recovery of such money, taxes or penalties 
shall be begun under the provisions of said repealed Acts and 
prosecuted to final judgment thereunder, in all respects, the 
same as if said Acts were continued in full force ; and it is 
hereby expressly provided that all the rights of the State 
accrued, or which may accrue, on the 20th day of February, 
1898, on account of receipts for the preceding years, are hereby 
saved from the operations of the aforesaid repealing clause. 

Sec. 300. If any express, telegraph, telephone or sleeping car 
company shall fail to make and deliver to the Comptroller Gen- 



OF SOUTH CAROLINA. 




eral the statement required in this Chapter, on or before the 

twentieth day of February, annually, such company shall forfeit fafj^^e^^^ ^ ° '^ 

and pay to the State of South Carolina five hundred dollars, 7r~z 

^ - ' G. S. 190; 

as a penalty; and the Comptroller General shall certify the fact fssa^vii' 
of such failure to the Auditor of any County in this State in 997- 
which said company ma}' have an office or an agent, and said 
Auditor shall place the same on the duplicate of said County; 
and if any express or telegraph company shall fail to make 
to the Auditor of any County in this State the statement re- 
quired by this Chapter, on or before the twentieth day of Feb- 
ruary of any year, such County Auditor shall notify the 
Comptroller General thereof ; and if the Comptroller General 
shall have received from said company the statement required 
to be made to him by said company, he shall certify the amount 
returned as in said County to such County Auditor, and add 
thereto, as penalty, the sum of ten dollars, which shall be 
charged to said company on the duplicate of said County, col- 
lected and paid over to the State Treasurer, in the same man- 
ner herein provided as to the penalty for not making the return 
to the Comptroller General : Provided, That if any express or 
telegraph company shall fail to return the statement required 
by this Chapter to the Comptroller General, and the Comptroller 
General shall certify such failure to any County Auditor, such 
County Auditor shall proceed to ascertain the gross receipts 
of each agent of said company in his County for the year end- 
ing the first day of January of that year, together with the 
value of all other property of the company in his County, add 
fifty per cent, thereto as penalty, and charge the company with 
taxes thereon, at the several localities required by this Chapter, 
without any deduction for expenses paid out by the company. 
And if such company shall have no principal office or agency 
in this State to which the other agents in the State are re- 
quired to make return, each agent thereof in any County shall 
make return in the month of January, on or before the twentieth 
of February, annually, of the gross receipts of his agency for 
the year ending the first day of that month, with the value of 
all other property of the company in the city, village or town 
in which his agency is situate, and the County Auditor shall 
charge the company with taxes thereon, at the same rates as 
other property in the same localities ; - and if such agent or 
agents refuse or neglect to make such return, the County 
Auditor shall ascertain the amount of such gross receipts and 




CIVIL CODE 



value of property, add fifty per cent, thereto as penalty, and 
charge such company with taxes thereon, at the same rates 
charged other property, at the several localities where such 
property may be situate and such agencies located. 

made"'^"^' ^°^ ^^^' ^^^' -^^^ rctums required to be made by express, sleep- 
'^ ^ ToT^^^S^ '^^^ ^^'^ telephone and telegraph companies, having their 

^gg,^^y^^' principal offices out of this State, shall be made m such form 

99S- as the Comptroller General shall prescribe ; and the Comptroller 

General is authorized to require answers, under oath, to any 
questions he may put to the principal, or any other agent, of 
any of said companies in this State, and to examine any of such 
agents, under oath, relative to the property and affairs of such 
companies, and the management thereof, which oath he may 
administer. 

atints ^of " or^ ^^c. 302. Each agcut in this State of any insurance com- 

ies.^ ^ compan- p^j-^y organized under the laws of any other State or country, 
Q s. i^si^d doing business in this State, shall, annually, in the month 

^99^' ^'^^' ^^'' of January, or before twentieth of February, return to the 
Auditor of the County in which such agency is located, a sworn 
statement of the gross receipts of such agency for the year 
ending on the first day of that month, including all notes, ac- 
counts and other things received or agreed upon as a compensa- 
tion for insurance at such agency, together with all the value 
of any personal property of said company situate at such 
agency; and the company shall be charged with taxes at the 
place of said agency on the amount so returned ; and the agent 
shall also be personally responsible for such taxes, and may 
retain in his hands a sufficient amount of the company's assets 
to pay the same, unless the same shall be paid by the company. 

co^pa^ils^ ^ ' '^ Sec. 303. Every insurance company organized under the 
Q s jj,3. laws of this State shall return all its personal property, moneys, 

R. s. 247; ■ff'- credits, (including notes taken on subscription of stock), in- 
vestments in bonds, stocks, securities, and assets of every kind, 
for taxation at the place where its principal office is located. 
Other cor- gee. 304. Any companv or corporation organized under the 

porations. jr. r o 

G. S. 194 
R. S. 



7 laws of this State, and owning property in any other State or 
^48; country, as well as in this State, shall not be required to return 
999- ' its capital for taxation in this State, but shall return such prop- 

erty as it owns in this State, and such proportion of the value 
of its other property as if owned by the individual residents of 
this State, would be taxable in this State; and if such return 



OF SOUTH CAROLINA. 




be made by such company, the shareholders therein shall not 
be required to return their shares for taxation. 

Sec. 305. A corporation organized under the laws of this created°'^unde? 
State, but owning no property in this State, shall not be re- g^^^''^ "o^vnin^ 
quired to return its capital for taxation in this State. d°e^state'^ ^°' 

Sec. 306. All companies and corporations, whether organized ~^ ^ — ^ — : 
under the laws of this State or not, the manner of listing whose ^- ^- ^49; ib. 
personal property is not otherwise specifically provided for J^°^'^ ^rati^D^ns 

by law, shall list for taxation all their personal and real property listed^^^ 

and effects at the same time, in the same manner, and in the ,, ^o ^- ^9.6' 

' ' R. S. 2So;Ib. 

same localities, as individuals are required to list similar prop- 
erty and effects for taxation. 

Sec. 307. Anv company incorporated under a joint charter Corporations 

ir . sr J organ i z e d as 

granted by this and some other State or States, and the manner w e 1 1 u n d e r 

"J ' ' laws of this as 

of taxing which, or the amount upon which it shall be taxed, %^l^^^^ other 
or the specific proportion of its capital or property upon which— ^^ — ^ — ^ — : 

taxes shall be assessed in South Carolina, is prescribed or 'R- s. 251; ib., 

' -t^ 1000. 

fixed in its charter, shall be assessed for taxation and taxed as 
prescribed in this Chapter until otherwise legally provided. 

Sec. 308. Whenever anv corporation chartered under the Refusal to 
laws of this State shall, within thirty days after the time re- z TTT" 

. ' ' . . ^^93. XXI., 

quired and permitted by law for taxes to be paid, with or with- 395- 
out penalty, as now required by law, refuse, neglect or omit to 
pay the taxes for State and County purposes, as assessed and 
levied upon the property of such corporation, the charter of ^yg^ks a for- 
such corporation, with all the rights, privileges and franchises future, 
thereunder, shall become and be deemed forfeited, and the cor- 
porate existence of such corporation shall be annulled. 

In every such case, it shall be the duty of the Attorney Gen- erai'°\o^^'brfn<^ 
eral, and he is hereby required, to bring an action against such action, 
corporation for the purpose of vacating and annulling the Act 
incorporating such corporation and all Acts amendatory or in 
renewal thereof, in the manner prescribed by Title XIIL, Chap- 
ter II. of the Code of Civil Procedure of this State. 




CIVIL CODE 



ARTICLE VII. 

Special Rules as to Persons, Firms or Corporations En- 
gaged IN Textile Industries, and Canals Providing 
Power for Rent or Hire, and Cotton Seed Oil Com- 
panies and Fertilizer Companies. 

Sec. I Sec. 

309. Manufacturers of textile fab- 311. State Board of Equalization 

rics ; canals ; cotton seed oil, i to pass on same. 

and fertilizer companies to ! 312. State Board of Equalization 



make returns to Auditor. 
310. Returns to be forwarded to 
Comptroller General. 



to certify thereon to the 
Auditor. 



nufactur- Sectioii 309. All individuals, firms or corporations engaged, 
ers of textile qj- ^j^^^ j^^y j^g hereafter engaged, in this State, in the manufac- 

fabrics, canals -' o o ' ' ^ ^ 

fur n i s h in g ^^j-g gf textile fabrics of any kind, and canals providing power 

power, cotton J ' '^ . 

seed oil and {qj- j-gj^^ or hire, and cotton seed oil companies and fertilizer com- 

tertilizer com- ' '^ 

panics to jiiake panies, shall make their returns of property belonging to or 

ditor. connected with such manufacture, as usual, for taxation, to the 

1901, XXIII., Auditor of the County in which the property is situate, and 
after the same shall be passed on by the Township and County 
Boards of Equalization they shall forward ail such returns, 
with such comments and suggestions as he shall see fit, to the 
Comptroller General, as soon as the time for making returns 
has expired. 
Forwarded to ^^^- ^^^- ^^ shsll be the duty of the Comptroller General to 

^ompt_roiier j.g(,g^.^g ^^^^ safely keep said returns in his office, and the State 
Yjy Board of Equalization shall meet annually, at Columbia, at 

such time and place in said city as shall be fixed and notified 
to them by the Comptroller General, and when they so con- 
vene he shall lay before said Board said returns, with such com- 
ments and suggestions thereon as he shall see fit. 
State Board ^^c. 311. The State Board of Equalization are hereby au- 

t/on^ ^ " ^ ^'^^' thorized and empowered to investigate and pass on said returns 
and to equalize the same both as to real and personal property, 
in order to obtain uniformity of taxation upon the property of 
such industries ; and to that end may adopt and promulgate 
such rules and regulations as may be just and equitable. In 
case any return so laid before said State Board is raised by it, 
then and in such case an adjourned meeting must be fixed by 
the Board for hearing the party or corporation whose return 
is raised, and due notice thereof by mail must be given of said 
meeting to said party or corporation. 



OF SOUTH CAROLINA. 




Sec. 312. When said State Board shall have finally acted on 
said returns, their actions shall be certified to the Comptroller Auditlr'^^*^ *° 
General, who shall transmit the same, in so far as it affects the 
property of any Count}^, to the Auditor of said County, who 
shall enter the same, according to law, on the tax books of his 
County. 



ARTICLE VIII. 

Special Rules as to Banks and Bank Stock and Unincor- 
porated Bankers and Banking Associations. 



Sec. 

313. Bank stock ; how listed and 

where taxed. 

314. Real estate taxed where lo- 

cated. 

315. Lists of stockholders and de- 

positors to be kept for in- 
spection of tax officials. 

316. Annual returns of banks to 

Auditors ; what to contain. 

317. How tax assessed and appor- 

tioned among shareholders. 

318. Taxes a lien on shares until 

paid ; meantime no transfer 
nor payment of dividends al- 
lowed. 



Sec. 



319. Bank may pay taxes on shares 

of its stockholders and de- 
duct from dividends. 

320. Bank failing to make return. 

Auditor ascertains value of 
shares ; his duty and au- 
thority in such case. 

321. Annual returns of unincor- 

porated banks and bankers ; 
what to be stated. 

322. How average obtained. 

323. Who are bankers. 

324. Powers of Auditor to enforce 

returns ; penalty for default 
of or false returns. 



Section 313. All shares of the stockholders in any bank or bank- Bank stocks. 



ing association, located in this State, whether now or hereafter g. s. 198; 
incorporated or organized under the laws of this State, or of the 1882, x v 1 1.', 
United States, shall be listed at their true value in money, and 
taxed in the city, ward, town or incorporated village where such 
bank is located, and not elsewhere : Provided, That the words 
"true value in money," as used in line three of this Section, 
shall be so construed as to mean and include all surplus or extra 
moneys, capital and every species of personal property of value 
owned or in the possession of any such bank. 

Sec. 314. The real estate of any such bank or bankinsr asso- Real estate of 

banks. 

ciation shall be taxed in the place where the same may be lo- 
cated, the same as the real estate of individuals. 

Sec. 315. There shall at all times be kept in the office where,. Must keep 

list of share- 

the business of such bank or banking association is transacted, holders and de- 

^ positors. 

a full and correct list of the names and residences of the stock- — - — 

G. S. 200; 

holders therein, and the number of shares held by each ; also, a ^v s. 2 s 5 ; 

-^ 1882, X V 1 1., 

1000. 
C — 10. 



G. S. 199; 
R. S. 254; lb. 




CIVIL CODE 



list of all persons, parties, corporations, or agents, who may at 
any time have any deposit, either personal or general, in such 
bank, which shall be at all times, during business hours, open 
to the inspection of all State and County officers who are or 
may be authorized to list or assess the value of such shares for 
taxation. 
oSrehofckra ^60. 316. It shall bc the duty of the President and Cashier 
Audfto™^'aVd°^ cvery such bank or banking association, between the first 
of ba^nk. ""^^^^ °^ January and twentieth of February, annually, to make out 
G~s 201^^"*^ return, under oath, to the Auditor of the County in which 
R. s. 256; lb. such bank or banking association may be located, a full state- 
ment of the names and residences of the stockholders therein, 
with the number of shares held by each, and the actual value, 
in money, of such shares, together with a description of the 
real estate owned by said bank. 

Sec. 317. The Auditor of the County in which any such bank 
sessed" a^nd ap- ^^ banking association may be located, upon receiving the 
fnfong ' °sha^ri rctum provided for in the preceding Section, shall deduct from 

^°''^^^^- ,the actual total value of the shares in any such bank or banking 

R^s %7^°ih' association the appraised value of the real estate owned by such 
bank or banking association, as the same stands assessed on 
the duplicate, and the remainder of the total value of such 
shares shall be entered on the duplicate of the County, in the 
names of the owners thereof, in amounts proportioned to the 
number of shares owned by each, as returned on said sworn 
statement, and be charged with taxes at the same rate as 
charged upon the value of other personal property, at the place 
where such bank or banking association is located. 
shl?es.^ ^'^" °^ Sec. 318. Any taxes assessed on any such shares of stock, 
Q s. 203; or the value thereof, in manner aforesaid, shall be, and remain, 
foofi ^^^'' "^^"'a lien on such shares from the first day of June in each year, 
until such taxes are paid; and, in case of the non-payment of 
such taxes at the time required by law, by any shareholder, 
and after notice received of the County Treasurer of the non- 
payment of such taxes, it shall be unlawful for the Cashier, 
or other officers of such bank or banking association, to trans- 
fer, or permit to be transferred, the whole, or any portion, of 
said stock until the delinquent taxes thereon, together with the 
costs and penalties, shall have been paid in full ; and no divi- 
dend shall be paid on any stock so delinquent so long as such 
taxes, penalties, and costs, or any part thereof, remain due or 
unpaid. 



OF SOUTH CAROLINA. 




Sec. 319. It shall be lawful for any such bank or banking 
association to pay to the Treasurer of the County in which such i^ank may 

y^ J ^ paytaxoi 

bank or banking association may be located, the taxes that may sh areholders. 
be assessed upon its shares, as aforesaid, in the hands of its ^^ g^ s^ 204; 
shareholders, respectively, and deduct the same from any divi- 
dends that may be due, or may thereafter become due, on any 
such shares as aforesaid. 

Sec. 320. If any bank or banking association shall fail to 
make out and furnish to the County Auditor the statement re- i/^^l'^J'a Ik 
quired by Section 316 within the time required herein, it shall tan^^^maji^l 
be the duty of said Auditor to examine the books of said bank penalty for 

-' raise return. 

or banking association, also to examine any officer or agent— ^^ — ^ — — • 
thereof, under oath, together with such other persons as heR-g^s^^6o; 
may deem proper, and make out the statement required by said looi. 
Section, and enter the value of said shares on the duplicate for 
taxation. Any bank officer failing to make out and furnish to 
the County Auditor the statement, or wilfully making a false 
statement, as herein required, shall be liable to a fine not ex- 
ceeding one thousand dollars, together with all costs and other 
expenses incurred by the Auditor, or other proper officer, in ob- 
taining such statement aforesaid. 

Sec. 321. All unincorporated banks and bankers shall, an- unincorporat- 
nually, between the first of June and twentieth of July, make ^^^''^^^^^"^^^^^2 
out and return to the Auditor of the proper County, under °^ a ssessing. 
oath of the owner or principal officer or ma,nager thereof, a ^\ ^^2\ib'.. 
statement, setting forth : ^°°^- 

1st. The average amount of notes and bills receivable, dis- 
counted, or purchased in the course of business by such unin- 
corporated bank, banker, or bankers, and considered good and 
collectable. 

2d. The average amount of accounts receivable. 

3d. The average amount of cash items in possession or in 
transit. 

4th. The average amount of all kinds of stocks, bonds, or 
evidences of indebtedness, held as investment, or in any way 
representing assets. 

5th. The average amount of real estate at its assessed value 
for taxation. 

6th. The average amount of all deposits made with them by 
other parties. 

7th. The average amount of accounts payable, exclusive of 
current deposit accounts. 



148 CIVIL CODE 

A. D. 1902. 

, ' 8th. The average amount of government and other securities, 

specifying the kinds that are exempt from taxation. 

9th. The amount of capital paid in or employed in such 
banking business, together with the number of shares or propor- 
tional interest each shareholder or partner has in such associa- 
tion or partnership. 

From the aggregate sum of the first five items above enumer- 
ated, the said Auditor shall deduct the aggregate sum of the 
fifth, sixth, seventh and eighth items, and the remainder thus 
obtained shall be entered on the duplicate of the County in the 
name of such bank, banker, or bankers, and taxes thereon shall 
be assessed and paid, the same as is provided for other property 
as assessed and taxed in the same city, ward, town or incor- 
porated village. 
ob?a*ined^^'^^^^ Scc. 322. The average provided for in the preceding Section 
G~s 207^^^^^^ ^^ obtained by adding together the amounts of each item 
^•g^ ^j^ y J ^ ' above specified, owned by or standing on the books of such 
1002. bank, banker, or bankers, on the first day of each month of 

the year ending the last day of December next preceding the 
year in which the return is made, and dividing the same by 
the number of months in the year : Provided, That in cases 
where such bank, banker, or bankers commenced business 
during the preceding year, the division shall be made by the 
number of months elapsed after the commencement of such 
business : Provided, That all fractions of a month shall be 
counted as a month. 
bankcK*^ ^ *■ ^ Scc. 323. Every company, association, or person not incor- 
~^ ^ ^.'porated under any law of this State, or of the United States, 
foof' ^^^' ^^"^ for banking purposes, who shall keep an office or other place 
of business, and engage in the business of lending money, re- 
ceiving money on deposit, buying and selling bullion, bills of 
exchange, notes, bonds, stocks, or other evidences of indebted- 
ness, with a view to profit, shall be deemed a bank, banker, or 
bankers, within the meaning of the provisions of this Chapter. 
Auditors to^en- ^cc. 324. The Auditor shall have the same powers to enforce 
penahy^foTde- ^o'^^^*^^ rcturns from bank officers and bankers, to examine 
false returns"^ witncsscs and enforcc their attendance, and have the same aid 
~~g7 s. 209; of the Court of General Sessions of the County, as is provided 
?oo3,' fig^'^^'' by law in cases where individuals fail to list their property for 
taxation, or are suspected of having made false returns ; and in 
all cases of failure to make returns under this Article, or in case 
of false return by any unincorporated bank, banker, or bankers. 



OF SOUTH CAROLINA. 



the Auditor shall ascertain the true amount, as near as may be, 
add fifty per cent, penalty thereto, and charge the party or 
parties with the taxes on the amount so ascertained by him, 
with the penalty aforesaid ; but in cases of unintentional mistake 
in making the return, the true amount only shall be charged 
against the parties, without penalty. 




ARTICLE IX. 



Tax on Incomes ; Special Rules For. 



Sec. 
325. 
326. 

327. 

328. 



Graduated tax on incomes. 

How incomes are to be com- 
puted. 

Definitions of terms. 

When and how tax shall be 
collected. 



Sec. 



329. Returns, how and when made. 

330. Penalty for failure to make 

returns. 

331. Returns subject to existing 

laws. 



Section 325. There shall be annually assessed, levied and col- Graduated tax 

. . on incomes. 

lected upon the gains, gross profits and income received durmg — 

the preceding calendar year by every citizen of this State, 529- 
whether such gains, profits or income be derived from any kind 
of property, rents, interests, dividends, or salaries, or from any 
profession, trade, employment or vocation carried on in this 
State, or from any other source whatever, a tax of one per 
centum on the amount so derived over and above $2,500 and up 
to $5,000 ; one and one-half per centum on $5,000 and over, up 
to $7,500; two per centum on $7,500 and over, up to $10,000; 
two and one-half per centum on $10,000 and over, up to 
$15,000; three per centum on $15,000 and over; and a like 
tax shall be assessed, levied and collected annually upon the 
gains, profits and income from all property owned, and every 
business, trade or profession carried on in this State by persons 
residing without this State, excepting such corporations as are 
hereinafter excepted : Provided, That in estimating the gains, 
profits and income there shall not be included interest upon 
such bonds or securities of this State, or of the United States, 
the principal and interest of which are, by the law of their 
issue, exempt from taxation. 

Sec. 326. In computing incomes, the necessary expenses ac- computed' ^°^ 
tually incurred in carrying on any business, occupation or pro- y^ 




CIVIL CODE 



fession, not including remuneration to the taxpayer for personal 
supervision or the support and maintenance of his or her family, 
shall be deducted from the gross income or revenue; and the 
word "income," as used in this Article, shall be deemed and 
taken to mean "gross profits" : Provided, That no deduction 
shall be made or allowed for any amount paid out or contracted 
for permanent improvements or betterment made to increase 
the value of any property or estate, or for the increase of capital, 
capital stock or assets. 
"Citizen" and gg^ 327^ xhe words "citizen" and "person," as used in this 

person m- ^ 

elude whom? Article, shall be deemed to include all natural persons, all copart- 
/^- ners and all members of any incorporated association, and to ex- 

clude, except as hereinafter included, all corporations duly 
chartered by the laws of the United States, and of this or any 
other State. 
an^^'^Lw '^w)!^ ^^^' ^^^' ^^^ ^^^ herein provided for shall be assessed, 

iggted. levied and collected in the same manner, at the same time, as 

^^- other taxes, and by the same County officials as are now 

charged with the assessment, levy and collection of State and 

County taxes, and shall be paid into the State Treasury as other 

general State taxes. 

Returns; how gg^^ 329. All oersons liable for the payment of any of the 

andwhen ^ ^ ■' 

made. ^^x herein provided for shall, at the times now or hereafter 

jh. provided by law for the making of returns of personal prop- 
erty, make, under oath, a full and complete list or return, in 
such form and manner as may be directed by the Comptroller 
General, to the Auditor of the County in which they reside ; or, 
in case of non-residents, of the County or Counties where said 
gains, profits or income arise, of the amount of their income, 
gains and profits as aforesaid, and the property or investment, 
if any, upon which the same are computed, and such other 
particulars as may be required by the Comptroller General. 
Fiduciaries to All pcrsons, whether natural or corporations created by 

make returns. . ... 

charter, actmg as guardians, trustees, executors, administra- 
tors, agents, receivers, or in any other fiduciary capacity, shall 
make and render a list or return as aforesaid to the Auditor 
of the County in which such persons or corporations acting in a 
fiduciary capacity reside or do business, of the income, gains 
and profits of any minor or person for whom they act. 

Sec. 330. Any person or corporation failing or refusing to 
make the list or return required by this Article, or rendering a 
willfullv false or fraudulent list or return, shall be assessed by 



OF SOUTH CAROLINA. 



lb. 



A. D. 1902. 

the Auditor on account of said income tax, in such amount as ^-^-^y— -" 
appears to him from the best information obtainable by him . ??naity for 

'^^ J failing to make 

either by examination of the defaulting taxpayer or any other faye"return° ^ 

evidence, that such taxpayer is liable for ; and in case of failure 

or neglect to make said list or return, the said Auditor shall 

add fifty per centum as a penalty to the amount of tax due ; and 

in case of a wilfully false or fraudulent return or list having 

been rendered, the Auditor shall add one hundred per centum 

as a penalt}^ to said tax ; the tax and the additions thereto as a 

penalty to be assessed and collected in the manner provided 

for in the case of failure to make returns or lists of personal 

property. 

Sec. 331. In every respect not herein specified, the returns jg^^^g^^^jgf-jj'g 



for and the levy and collection of the tax provided in this '^^^ '^^'^■ 
Article shall be subject to all the provisions of law relative to 
the assessment and collection of taxes on personal property. 

The disclosure of contents of these returns is prohibited by Sec. 8 of the original 
Act. See Criminal Code. 



ARTICLE X. 

Proceedings on Default of Return and Penalties There- 
for — Valuation of Property for Taxation. 



Sec. 
332 



When no return made, &c., 
Auditor makes up and re- 
turns statement ; his powers 
in such cases, &c. 

333. Penalty for failure to list 

where property escapes tax- 
ation ; how charged in sub- 
sequent year. 

334. Persons commencing business 

after January 1st to report 
to Auditor ; how charged on 
duplicate. 



Sec. 

335. Auditor must ascertain names 

of persons so commencing 
business. 

336. Penalty for not reporting to 

Auditor. 

337. All property must be valued 

at its true value in money ; 
rule for ascertaining value. 

338. How certain articles of per- 

sonal property to be valued. 



Section 332. If any person shall refuse or neglect to make out penalty for 
and deliver to the Auditor a statement of personal property, as make ^oath^ or 

provided herein, or shall refuse or neglect to make and sub- 1^^"'"^ 

scribe an oath as to the truth of such statement, or any partR. s. 2(>$^^^' 
thereof, or in case of the sickness or absence of such person, 
the Auditor shall proceed to ascertain, as near as may be, and 
make up and return a statement of the personal property, and 
the value thereof, with which such person shall be charged for 



152 CIVIL CODE 

A. D. 1902. " ■ 

v^-v-^^ taxation, according to the provisions of this Chapter; and to 
enable such Auditor to make up such statement, he is author- 
ized to examine any person or persons, under oath, and to 
ascertain, from general reputation and his own knowledge of 
facts, the character and value of the personal property of the 
person thus absent or sick, or refusing or neglecting to list or 
swear; and said Auditor shall return the lists so made up by 
him, endorsed, "Refused to List," or "Refused to Swear," 
or "Absent," or "Sick," as the case may be, and in his return, 
in tabular form, shall write the same words opposite the names 
of each of the persons so refusing or neglecting to list or swear, 
or absent, or sick. 

Penalty f or gec. 333. If any person shall fail to list the personal prop- 
returns^ erty he is required by law to list in any one year, and the same 

G. s. 21 s; escapes taxation for that year, the value thereof shall be 

R. S. 2 6 6; J^ -^ ' 

1882, X V 1 1., charged against him for taxation in any subsequent year, with 

fifty per cent, penalty added thereto, and the taxes and penalty 

collected as in other cases. 

Persons be- gcc. 334. Any pcrsou, company, or corporation, commencing 

ness after ist any business in any County of this State after the first day of 

— — ^ — January in any year, the capital or personal property employed 

R. s. 267; ih. in which shall not have been previously listed for taxation in 
said County for such year, shall, within thirty days after com- 
mencing such business, report to the Auditor of the County, 
under oath, the average amount of the capital intended to be 
employed in such business, from the time of its commence- 
ment to the first day of January next ensuing ; and upon making 
satisfactory proof to said Auditor that such capital or property 
has been regularly listed for taxation in some other County in 
this State, said Auditor shall file report and proofs in his office, 
and give to the party a certificate that he or they have com- 
plied with the provisions of this Section, and are not liable to 
taxation in his County on such capital or property for the then 
current fiscal year. But if he or they shall not satisfactorily 
prove that such capital or property has been previously listed 
for taxation in some County of this State, said County Auditor 
shall charge him or them on his duplicate with such proportion 
of all taxes levied on others upon similar capital or property, 
at the place of the business, as the time from the commence- 
ment of the business to the ensuing first day of January bears 
to one vear. 



OF SOUTH CAROLINA. 




Sec. 335. It shall be the duty of each County Auditor to 
ascertain the names of all persons commencing any business p ° i* * \ ^'^ 
in his County after the first day of January, annually, whose ^°^s^ "^'^^ J"^ 
capital or property employed in such business was not listed persons. 
for taxation in his County for the then current fiscal year. ^^g. s. ^-17; 

Sec. 336. If any person, company, or corporation, shall com- p^^^j^ 
mence any business in any County of this State after the first — ^ — ^ — j^_ 
day of January in any year, the capital or property employed R- s. 269; ib. 
in which shall not have been previously listed for taxation in 
said County, and shall not, within thirty days thereafter, make 
such report to the Auditor of said County as is required in 
the 334th Section of this Chapter, he or they shall forfeit and 
pay the sum of one hundred dollars, which shall be collected, 
by civil action, in the name of the County Commissioners, and 
paid into the County treas-ury for the exclusive benefit of the 
County. And process in such case may issue out of the Court 
of Common Pleas of the County in which such business was 
commenced, directed to the proper officer, and be served in any 
County of this State. 

Sec. 337. All property shall be valued for taxation at its true er5°vaiued° ^' 
value in money, which, in all cases not otherwise specially pro-~^^ g 
vided for by law, shall be held to be as follows, to wit: for^gg^^- xVii' 
personal property, the usual selling price on the usual terms ^°°^- 
of similar property at administrators' or executors' sales, at 
the place where the return is made ; and for real property, the 
usual selling price on the usual terms of similar property at sales 
for partition under the order of the Court, at the place where 
the return is to be made. If there is no usual selling price, 
then at what is honestly believed could be obtained for the same 
at a fair sale under the conditions before mentioned. It shall 
be the duty of each owner of lands, and of any new structures 
thereon which shall not have been appraised for taxation, to list 
the same for taxation with the County Auditor of the County 
in which they may be situate, on or before the twentieth day of 
February next after the same shall become subject to taxation. 

Sec. 338. The following articles of personal property shall Personal prop 
be valued for taxation as follows, to wit : Money, bank bills, ^'l^^. ^°^^l\ 
and other bills lawfully circulating as money, at the par value g^^gj^^op^P^y' 
thereof; credits, at the amount payable on the face of the q ^ ~ 
contract, instrument, or account, unless the principal be ^- ^- ^^i ; ^^ 
payable at a future time without interest; then, at the 
sum payable, less the lawful interest thereon, for any 




CIVIL CODE 



term of credit not exceeding one year; contracts for 
the delivery of specific articles, at the usual selling price 
of such articles at the time of listing; leasehold estates held 
for any definite term, at the yearly value thereof to the lessee; 
annuities, at the yearly value thereof to the owner at the time 
of listing. All leasehold estates, held on perpetual lease, or 
for a term certain, renewable forever at the option of the lessee, 
shall be valued at the full price of the land, and continued to 
be taxed at such value to the end of the term. When the fee 
of the soil in any tract or lot of land is in one person, and right 
to any minerals therein or structures thereon in another, the 
proceeds of the minerals and the said structures shall be valued 
and taxed as personal property, to the owners thereof, respec- 
tively. 

See Sec. 287, ante., as to assessment for iaxation of railroad property not 
previously returned. Act of 1900, XXIII., 354. 



ARTICLE XL 

The County Auditor — Appointment. Tenure of Office, 
AND General Powers and Duties. 



Sec. 

339. County Auditors, how ap- 

pointed ; term of ofBce, &c. 

340. Governor may suspend Audi- 

tor in certain cases subject 
to action of Senate ; proceed- 
ings to be taljen in sucli 
cases. 

341. Salaries and other compensa- 

tion of County Auditors. 

342. When office to be kept open 

to receive returns, and must 
appoint conven-ent places 
for receiving returns, and 
give notice thereof. 

343. Makes annual lists of persons 

making returns, &c. ; form 
and particulars of same. 

344. Makes also lists of real estate 

not previously listed ; struc- 
tures newly built or de- 
stroyed, &G. 

345. Remarks of Auditor on re- 

turns, as to value of prop- 
erty ; penalty on property 
not listed. 
346 and 347. Returns of polls ; 
duties of Auditors and 
School Trustees relating to. 



Sec. 



348. To make out description of 

each tract or lot of land 
with value of same ; how in- 
formation obtained ; Audi- 
tor's authority, &c. 

349. May enter and examine build- 

ings to ascertain value. 

350. Make list of property exempt. 

351. Transmits to Comptroller Gen- 

eral and County Commis- 
sioners abstracts of prop- 
erty ; when sent, and con- 
tents. 

352. The County duplicate lists ; 

when made out ; form and 
particulars of ; County 
Treasurer's duplicate. 

353. Comptroller General notifies 

Auditor of rates for State 
purposes. 

354. Determines sums to be levied 

on property according to 
rates furnished by Comp- 
troller General and other 
authorities. 

355. Rule of assessment as to frac- 

tions in rates. 



OF SOUTH CAROLINA. 



155 



A. D. 1902. 



Sec. 
356. 

357. 



358. 



359. 



360. 



361. 
362. 



363. 



364. 



How taxes to be entered on 
duplicate. 

Auditor's duty as to real es- 
tate omitted from duplicate 
or not reported, or omitted 
from return. 

How Auditor proceeds when 
return suspected to be evas- 
ive, false or incomplete. 

After investigation. Auditor 
charges taxes and penalties 
against defaulter. 

How costs of investigation to 
be paid. 

What costs to be allowed. 

Penalty to be added upon re- 
fusal or neglect to list or 
swear to return. 

Construction of the five pre- 
ceding Sections ; acts of Au- 
ditor not reviewable by 
Court. 

Upon failure to make return, 
taxes to be assessed on 
property as charged for pre- 
vious year, with penalty 
added ; exceptions. 



Sec. 
365. 



366. 



367. 



368. 



369. 
370. 



371. 

372. 
373. 
374. 



Further time allowed where 
failure to return was by 
reason of sickness or ab- 
sence. 

How corrections of errors in 
assessments may be made ; 
and Auditor to keep record 
of sales and conveyances of 
real estate ; form ; fee. 

Abstracts of duplicates to be 
sent to Comptroller General 
annually ; what to con- 
tain, &c. 

Auditor must answer in writ- 
ing Comptroller General's 
inquiries. 

Auditor may administer oaths. 

Comptroller-General furnishes 
forms and extends instruc- 
tions to Auditors. 

"Visits offices and examines 
books, &c., of Auditors and 
Treasurers annually. 

Dispensers' returns to Audi- 
tor to be preserved. 

Auditor to keep "Abatement 
Book." 

Auditor to permit municipal 
officers to examine his books. 



Section 339. The Governor is authorized, by and with the ad- 
vice and consent of the Senate, to appoint for each County in the 
State a County Auditor, who shall hold his office for a term of 
two years, and until his successor is appointed and qualified, 
and to require such bond from said officer as he may deem 
necessary. Before entering on the duties of his office, the 
Auditor so appointed must take the oath prescribed by the Con- 
stitution, and also the oath in respect to dueling. 

Sec. 340. When any County Auditor shall, during a recess 
of the Senate, be shown, by evidence satisfactory to the Gover- 
nor, to be guilty of misconduct in office, or crime, or for any 
reason shall become incapable or legally disqualified to perform 
its duties, in such case, and in no other, the Governor may sus- 
pend such officer, and designate some suitable person to per- 
form, temporarily, the duties of such office until the next meet- 
ing of the Senate, and until the case shall be acted upon by the 
Senate; and such person so designated shall take the oath and 
give the bond required by law to be taken and given by the 
person duly appointed to fill such office, and, in such case, it 
shall be the duty of the Governor, within ten days after the 
first day of such meeting of the Senate, to report to the Senate 



County Audi- 
tors, how ap- 
pointed, term 
of office, &c. 

G. S. 221; 
R. S. 272; 
1882, XVII., 
1007, § 206; 
1897, XXII., 
439- 



For what 
causes and 
how suspended 
and removed 
from office. 

G. S. 222; 
R. S. 273; lb. 




CIVIL CODE 



such suspension, with the evidence and reason for his action, 
and the name of the person so designated to perform the duties 
of such office ; and if the Senate shall concur in such suspension, 
and advise and consent to the removal of such officer, they shall 
so certify to the Governor, who may thereupon remove such 
officer, and, by and with the advice and consent of the Senate, 
appoint another person to such office. But if the Senate shall 
refuse to concur in such suspension, such officer, so suspended, 
shall forthwith resume the functions of his office, and the 
powers of the person so performing its duties in his stead shall 
cease, and the official salary and emoluments of such officer 
shall, during such suspension, belong to the person so perform- 
ing the duties thereof, and not to the officer so suspended: 
Provided, however, That the Governor, in case he shall become 
satisfied that such suspension was made on insufficient grounds, 
shall be authorized, at any time before reporting such suspen- 
sion to the Senate as above provided, to revoke such suspension 
and reinstate such officer in the performance of the duties of 
his office. 
Salaries of gee. 341. The County Auditors of the several Counties shall 

C_ o u n t-y Au- -^ 

^^s^ receive from the State Treasurer the following annual salaries, 

^^^^'oo^^H-' to wit : The Auditor of Charleston County, two thousand dol- 

244 ; looo, 10., "^ 

5^3; ^1887,^^, lars; the Auditors of Richland, Berkeley and Spartanburg, 

508; lb; s^9,Q2i.c\\, eight hundred dollars; the Auditors of Aiken, Anderson, 
5 9 5 ; 1 8 9 3, ' i^ ' ' ' 

XXL, 674; /b.. Edgefield, Barnwell, Beaufort, Orangeburg, Sumter and York, 

682; 1894, lb., o ' ' ' o o' 

^o^l' ^.^-TT'cach, seven hundred dollars; the Auditors of Abbeville, Green- 

1896, XXII.,' ' 

254,302; 1897. wood, Bamberg, Darlington, Marion, Florence, Chester, Colle- 

Ih., 584, 591, ' O' o ' 

602, 609; 1898, ton, Fairfield, Greenville, Laurens and Newberry, each, six 

lb., 873, 900; ' jj ' 

1900, xxiiL, hundred dollars ; the Auditors of Chesterfield, Clarendon, Dor- 

300, 303. As 

to Lexing t o n Chester, Georgetown, Hampton, Horry, Kershaw, Lancaster, 

County: 1894, ' ° ' r ' J' 

XXI., I I I 8; Lexington, Marlboro, Oconee, Pickens, Saluda, Union and 

and as to Berk- & ' ' ' ' , a j • r 

eiev, see 1898, WilHamsburg, each, five hundred dollars ; and the Auditor of 
Cherokee, four hundred dollars ; and in addition to these sal- 
aries paid them by the State, the said Auditors shall receive, 
from^ the funds of their respective Counties, additional salaries 
as follows : the Auditors of Charleston and Spartanburg 
Counties, each, seven hundred dollars ; the Auditor of Richland 
County, eight hundred dollars ; the Auditors of Georgetown, 
Williamsburg, Sumter, Beaufort, York and Colleton, each, five 
hundred dollars ; the Auditors of Aiken, Anderson, Barnwell, 
Chester. Edgefield, Fairfield, Greenville, Hampton, Laurens 
and Newberry, each, four hundred dollars ; the Auditors of 



OF SOUTH CAROLINA. 157 

A. D. 1902. 

Abbeville, Clarendon, Dorchester, Florence, Greenwood, Horry, v«.»-v-*^ 
Kershaw, Lancaster, Marlboro, Oconee, Orangeburg, Saluda 
and Union Counties, each, three hundred dollars ; the Auditors 
of Darlington and Marion Counties, each, two hundred dollars ; 
and the Auditors of Chesterfield, Berkeley, Lexington, Bam- 
berg and Cherokee, each, one hundred dollars. And the 
County Board of Commissioners of the several Counties shall, ^ 

upon the application of the County Auditors, draw their checks 
upon the County Treasurer for the several amounts to which 
the Auditors may be entitled from the funds of their respective 
Counties, as hereinbefore provided, and the County Treasurers 
shall pay the said checks from the first collection of County 
funds of the current fiscal year : Provided, That no member 
of the County Board of Commissioners shall act as Assistant 
Assessor in the County of Charleston. 

The compensation paid the County Auditor is an additional salary to be appor- 
tioned according to time served — Finley v. Laurens Co., 58 S. C, 273; 36 S. E., 588. 

Sec. 342. It shall be the duty of the County Auditor to re- when office 

, 1,1 . 1 , ^ . , . to be kept open 

ceive the returns and make the assessments provided tor m this to receive re- 
Chapter within the times prescribed by law, and for this pur '■ — 

pose his office shall be kept open to receive the returns of tax- 2 2 6; k. s! 
payers from January ist to February 20th in each year. xvii., 1008, § 

He shall, for the purpose of assessing taxes, attend at a con- " 
venient point* in each Township or tax district as many days as convenient 
may be necessary, and for the remainder of the time allowed by ceiving returns 
law he shall be and remain at the County seat. He, or his tice thereof, 
assistants, must give thirty days' public notice of the days upon ib., 1009, § 
which he will be at the places designated. 

Sec. 343. Each Auditor shall, on or before the first day of Make annual 
March, annually, make out, in tabular form and alphabetical making returns 
order, a list of the names of the several persons, companies and personal prop- 
corporations in whose names any personal or real property shall— ^-^ 

have been listed, giving the first Christian name of the several r. s. 277; ib. 
persons ; and he shall enter separately, in appropriate columns, 
opposite each name, the aggregate value of the several species 
of property mentioned herein, making separate lists of the 
property listed as taxable in incorporated villages, cities and 
wards, and that listed as taxable out of cities, wards and incor- 
porated villages ; all of which columns shall be accurately added 
up and footed ; and at the same time file and preserve in his 
office statements of property listed by him, or received by him 
from others. 




CIVIL CODE 



If the name of the owner of any tract or lot shall be un- 
known, the word "unknown" shall be entered in the column of 
names opposite said tract or lot. 

Gilliland v. Citadel Square Baptist Church, 33 S. C, 164; 11 S. E., 684. 

lisfs^^'of ^ ila° 'S^^- 2^^- The Auditor shall annually, at the time of taking 
vious^i " H'=tof' ^^^^ ^^^^ °^ personal property, also take a list of all real property 
structures new- iji ^j^g Couutv subicct to taxation whicli shall not have been 

ly built or de- - -^ 

stroyed, &c. previously listed; and of all new structures not previously 

R^ 2%.^!^' listed, and of all old structures which were destroyed during 
the previous year; and shall affix a value thereto, with a de- 
scription of the land of lot on which the same was or is situate, 
endorse his affidavit thereon that the same is correct, and that 
the valuations therein stated have been made according to the 
rules prescribed by this Chapter, and return the same, with the 
names of the owners, respectively ; and if the owner of any 
such new structure shall be the owner of the land on which it 
is situate, or of a permanent leasehold estate therein, the Audi- 
tor shall add to or deduct from the value of the land or lease, 
as the case may be, as the same may stand on the duplicate, the 
value of such structure so returned ; but he shall not deduct 
any greater amount for the destruction of any structure than 
was previously charged for the same on the duplicate. 
Au^dlSf on r°e^ ^ec. 345. It shall be the duty of the Auditor to state, in the 
vaiue^of prop°'^o^^™^ of remarks opposite each taxpayer's Aame, in the 
o^^propfrty no't i"eturn made by him, any amount which he believes ought to be 

^^^^^^- added to the valuation of the property listed by such taxpayer, 

R *^s 2^Q-^ lb' ^^^ agent, or other person. But he shall not increase the return 
loio, § 214. ^g i^ade by any taxpayer, or his or her agent, except by author- 
ity of the Board of Assessors. It shall also be his duty, at any 
time after his return, if he ascertain that any personal property 
in his County has not been listed, to list the same and make 
return thereof, with the valuation thereof as fixed by the owner 
or himself, and the name of the owner or person to whom it 
is taxable; and he shall charge the same on the duplicate for 
taxation, adding fifty per cent, to the value as returned as 
penalty. 

Auditor has no authority to increase the assessment where it has been fixed 

by the Board of Assessors and Board of Equalization, even if ordered to do so 

by the Comptroller General. — State v. Cromer, 35 S. C, 213; 14 S. E., 493; State 

V. Boyd, 35 S. C, 233; 14 S. E., 496; State v. Covington, 35 S. C, 245; 14 S. 

Auditor t o E., 499. 

state School 

District of tax- gcc. 346. It shall be the duty of each Auditor to state, in a 

payer. ' ' 

G s 229a- separate column, the school district in which the taxpayer re- 
^- ^v 2^°: sides. 

1890, XX., 718. 



OF SOUTH CAROLINA. 




Sec. 347. The County Auditor, when he has completed the 
tax duphcates, shall report to the County Superintendent 01^^^^"^'^°/ [° 
Education, by school districts, the names listed for poll tax and f^^'^'^^^^ n'^t'Ti 
the amount of taxable property when there is a special levy. fa,t'^'^|c°'^ ^°^^ 

Sec. 348. It shall be the duty of the Auditor to make out, — 

from the maps and descriptions in his possession, and from such ^^ ^^^^ ^^^ 
other sources of information as shall be -in his power, a correct g|ch"^tra(?t or 
and pertinent description of each tract and lot of real prop- ^°^^^ °vaiue^"of 
erty in his County. When he shall deem it necessary to obtain fon^ati^"'^^! 
an accurate description of any separate tract or lot in his tamed j^^^Audi- 
County, he may require the owner or occupier thereof to furnish ^ 



the same, with any title papers he may have in his possession; j^'^-g^- ,^g2°: 
and if such owner or occiipier, upon demand made for the same, ^^Sz, x y 1 1., 
shall neglect or refuse to furnish a satisfactory description of 
such parcel of real property to such Auditor, he may employ 
a competent surveyor to make out a description of the boun- 
daries and location thereof, and a statement of the quantity of 
land therein. To the expense of such survey he shall add the 
tax assessed upon such real property, and it shall be collected 
by the Treasurer, with such tax, and, when collected, shall be 
paid, on demand, to the person entitled to the same. 

Sec. 349. For the purpose of enabling the Auditor to deter- ^ ^Y examfne 
mine the value of buildings and other improvements, he is l^^l^l^^-^Ji^^^' 
authorized to enter and fully examine all buildings and struc- ^ ^ ~^. 
tures (except dwellings), of whatever kind, which are not ^^i^" "^^' ■^^" 
by law expressly exempted from taxation. 

Sec. 350. The Auditor, at the time of making the assess- pM^^^es^iist^of 

ments of other real estate for taxation, shall enter, in a separate ^'"p^- 

list, pertinent descriptions of the real estate exempt from tax-j^^ fis-^ib' 
ation by law, with the valuation thereof, made by himself, de-§^'7. 
termined by the rules prescribed by law, and designating the 
owner of each several parcel. 

See Sec. 343. Ante, provision where owner is unknown. When tax 

books shall be 

Sec. 351. The Auditor shall, on or before the thirtieth day^£l^p___ 



of June, in each year, make up and complete the tax books of ^^-g^- /^^l 
his County, as required in the following Section ; and shall, ^gl^''^'^ ^ ■"■ ^■' 
on or before that day, make out and transmit to the transmits to 
Comptroller General and the County Commissioners, an 3.h- ^°^pI\°^^^^ 
stract of the property of each district in his County, in which ^^9^g^^ygj.g9°^'^; 
he shall set forth : ^^""l"^^ °* p^°p- 

erty; when 

I. The number of acres, exclusive of town lots, returned by ^|^*g ^^^ ^°^' 

lb., I o I 1 ; 
1885; XIX., 
164, § 4. 



i6o CIVIL CODE 

A. D. 1902. 



'' » ^ said Auditor, with such additions as shall have been made 

thereto. 

2. The aggregate value of such real property, other than 
town lots, as returned by said Auditor, inclusive of such ad- 
ditions as shall have been made thereto under the provisions 
of this Chapter. 

3. The aggregate value of the real property in each town, 
city and village in his County, as returned by said Auditor, in- 
clusive of such additions as shall have been made thereto. 

4. The various kinds and descriptions of personal property 
returned for taxation. 

Sec. 352. The Auditor shall make out, in a book to be pre- 
Dup^fcat^°Hs'ts^ P^''^*^ fo^ ^^^^ purpose, in such manner as the Comptroller 
out^-'^form^nd General shall prescribe, a complete list or schedule of all tax- 
Coun t"'^Tre°al- ^^^^ property in his County, and the value thereof as equalized, 
catl'^ '^ " P ' '■ so arranged as that each separate parcel of real property in each 
Q g — ^district, other than city, village and town property, shall be 
§^2i^'- ^^/i sV contained in a line or lines opposite the names of the owners, 
XIV., 164. arranged m numerical or alphabetical order, and so that each 
lot or parcel of real property in cities, villages and towns shall 
be contained in a line or lines opposite the names of the owners 
thereof, respectively, arranged in alphabetical order. And the 
value of all personal property shall be set down opposite the 
names of the owners thereof, respectively ; and if listed by any 
other person for and in the name of the owner, the name of 
such person, and the character in which he acted, shall also be 
stated in such list, which list or schedule shall be retained in 
his office, and another made for the County Treasurer, and 
delivered to him on or before the thirtieth day of September, 
annually, as his warrant for the collection of the taxes, assess- 
ments and penalties charged thereon, each and both of which 
lists shall be denominated the County Duplicate. 

Sec. 353. The Comptroller General shall annually give due 

Comptroi I e r noticc to cach County Auditor of the rates per centum author- 

?rdf t"o°r^of ized by law to be levied for the various State purposes, which 

pu'^poseJ. ^*^*^ rates, or per centum, shall be levied by the County Auditor 

G. s. 260; on the taxable property of the County, and charged on the 

fozf, §244-^^" duplicate with the taxes required to be levied and collected for 

other purposes. 

Sec. 354. Each County Auditor, after receiving from the 
Comptroller General, and from such other officers and authori- 
ties as shall be legally empowered to determine the rate or 



OF SOUTH CAROUNA. i6i 

A. D. 1902. 

amount of taxes to be levied for the various purposes author- >>-»-v"-^-^ 
ized by law, statements of the rates and sums to be levied for ,.5°^f^*y f "" 

J ' ditor to deter- 

the current year, shall forthwith proceed to determine the sums "g^^ig^®;"™ ^n 
to be levied upon each tract and lot of real property, and upon Pj.^'^g*;^ i s o f 
the amount of personal property, moneys, and credits listed — - — ^ — ^ — ; 
in his County, in the name of each person, company, or cor-R- s^^|7'. 
poration, which shall be assessed equally on all real and per- ^°^^- 
sonal property subject to such taxes, and set down in one or 
more columns, in such manner and form as the Comptroller 
General shall prescribe ; and in all cases where the whole amount 
of taxes upon the personal property, moneys, and credits oi 
any person shall not amount to ten cents, the Auditor shall not 
enter the same upon the duplicate, if such person has no other 
taxable property. 

Sec. 355. The County Auditors shall not be required to 
assess on the taxable property of their Counties, or of any town, ta^tfon not to 
city or incorporated village, or school district therein, for any ^^^J^ "han'^ a 
purpose, nor for all purposes added together, any rate of tax- ^edma^^f^r a c- 
ation containing or resulting in any fraction other than a deci- i^^s than half 

° => -' a mill. 

mal fraction, nor in any fraction less than one-half of a mill ; —' — ^ — j-^ 
but if the sum required to be raised for any or all purposes R- s. 288; ib., 
results in a fraction less than one-half of a mill, such fraction 
shall be dropped. 

Sec. 356. The County Auditor shall enter the taxes on the 
duplicate, to be retained in his own office, in such number of ^^^^? *° ^^ 

ir ' ' ^ entered on a 

columns as the Comptroller General shall, from time to time, duplicate. 
direct ; but on the duplicate for the County Treasurer he shall ^ ^ ^0 P7u' 
enter the taxes against each parcel of real and personal prop- 
erty, on one or more lines, opposite the name of the owner 
or owners ; and, in all other respects, the Comptroller General 
may prescribe forms for County duplicates as may seem to him 
most conducive to the interest and convenience of the public, 
and County Auditors shall conform thereto. 

Sec. 357. If the County Auditor shall at any time discover 
that any real estate, or new structure, duly returned and ap- , what to be 

-^ _ -^ ^ done with real 

praised for taxation, has been omitted from the duplicate, hef^*^^*^. reguiar- 

^ ' ^ ' \y retu r n e d, 

shall immediately charge the same on the duplicate, with the^"*^ omitted 

J <^ c y from duplicate. 

taxes of the current year, and the simple taxes of each pre- — — — ^ ~ 

ceding year the same may have escaped taxation. And if the ^gg^S^^9 o; 
owner of any real estate, or new structure thereon, subject to i°^-- 
taxation, has not reported the same for taxation, according to 
the requirements of this Chapter, and the same has not been 

II.— C 



i62 . CIVIL CODE 

A. D. 1902. 

^-^"v""*-^ appraised for taxation, tiie Auditor shall, upon discovery there- 
of, appraise the same, and, upon making return of such ap- 
praisement, shall charge the same upon the duplicate, with the 
taxes of the then current year, and the taxes of each preceding 
year it may have escaped taxation, with twenty per cent, pen- 
alty upon such taxes of preceding years. And if any real 
estate shall have been omitted in any return, the Auditor of the 
County shall appraise the same immediately for taxation, file 
such appraisement in his office, and charge the same with the 
taxes of the current year, and the simple taxes of preceding 
years it may have escaped taxation. 
do^^fn*°case ^60. 358. If the Couuty Auditor shall suspect, or be in- 
faiseTet°tfT n"^ formed, that any person or persons, corporation or company, 
examined ^ ^^ ^^^ cvadcd making a return, or made a false return of his, 
G s 230- R ^^^' '^^ their personal property for taxation, or have or has 

s. 291 ; lb., YiQt made a full return, or that the valuation returned is less 
1013. 

than it should have been, according to the rules prescribed by 

this Chapter, it shall be his duty, at any time before the settle- 
ment with the Treasurer for the year, to notify such party to 
appear before him at his office, at a time fixed in said notice, 
together with such other person or persons as said Auditor 
may desire to examine, and the party, together with any wit- 
ness called, shall be examined by said Auditor, under oath 
(which oath said Auditor is authorized to administer), touch- 
ing the personal property, and the value thereof, of such 
party, and everything which may tend to evince the true amount 
such party should have returned for taxation. 

The Auditor's jurisdiction is special, and the fact giving it must affirmatively 
appear, cannot be presumed. — State v. Cromer, 35 S. C, 213; 14 S. E., 493. It 
does not extend to cases regularly passed upon and determined by the tax boards. — 
State V. Cromer, 35 S. C, 213; 14 S. E., 493; State v. Covington, 35 S. C, 245; 
14 S. E., 499. He has no authority to increase valuation of property where return 
is not intentionally false. — State v. Boyd, 35 S. C, 233; 14 S. E., 496. And in 
no event to make such increase without notice to taxpayer, and proper inquiry 
and testimony as to true value. — lb. If he increase the assessment fixed by the 
tax boards he may be compelled by mandamus to restore it to the amount so fixed. — 
State V. Cromer, 33 S. C, 213; 14 S. E., 493; State v. Covington, 35 S. C, 245; 
14 S. E., 499. 

Pen a 1 1 y in ggc. 358. The County Auditor, when he shall deem it neces- 

case It appear -^ ' 

^^^1'^ return^has sary, may adjourn the examination provided for in the pre- 

^a^sified. ceding Section, from time to time ; and if he shall find that the 

^G.s.^24i^R. party has failed to make any return for taxation, or inten- 

XVII., '1014. 'tionally made a false return, or intentionally returned his or 

their property for taxation at less than its fair cash value, he 

shall determine what amount should have been returned bv the 



OF SOUTH CAROLINA. 163 

i: A. D. 1902. 

party, and add fifty per cent, thereto as penalty, and charge the -— ^v^^-' 
same, with said penalty, against the party on the duplicate, with 
the taxes of the current year, and the taxes of , each preceding 
year it may have escaped taxation, with twenty per cent, and 
penalties upon such taxes of preceding years ; but if he shall 
find the party committed a merely unintentional mistake in any 
return made, he shall add such amount as he may deem just to 
such return, and charge the party with the simple taxes 
thereon. 

"Unintentional mistake" does not mean error of judgment; does not apply 
where property is returned and passed by the tax boards at a valuation less than 
others might estimate it. — State v. Boyd, 35 S. C, 233; 14 S. E., 496. 

Sec. 360. If, upon the examination provided for in the 358th of exMi'ination 

Section, the return made to or by the Auditor shall be found L^- 

to be correct, the expenses of the examination shall be paid s. '293 f'^/k 
by the County Auditor, out of the County treasury ; but if it 
shall be found that the return, as made, was intentionally false, 
or that no return was made, the Auditor shall pay the ex- 
penses of the examination out of the County treasury, and 
charge the same to the party on the duplicate, in addition to 
the penalty provided for such cases ; and such amount shall be 
collected, with the taxes of the party, to reimburse the treasury 
of the County for the expenses paid as aforesaid. But if the 
return made was uintentionally erroneous, said Auditor shall 
pay the witnesses' fees and costs of serving the notice out of 
the County treasury, charge the same on duplicate to the party, 
and the same shall be collected and paid into the County treas- 
ury, as aforesaid. 

Sec. 361. The expenses to be allowed upon the examination what expen- 
provided for by the 358th Section of this Chapter shall be, for lowed. 
serving the notice or notices, the fees allowed to Sheriffs and g. s. 243; r. 
Constables for serving a summons; and to witnesses, the same ' ^^'*' 
fees to witnesses in suits before a Magistrate's Court. 

See. 362. Each County Auditor shall add to the value of all fifty p^er <?ent. 
personal property which the owner or other person whose duty when perso n s 
it is made to list the same shall have refused or neglected to list, lect to list or 
or to the value of which such person shall have refused or neg- turnT^^*^ 
lected to swear, fifty per centum on the value, and charge the g. s. 244; r. 
same on the duplicate upon which taxes shall be collected and ' ~^^' 
apportioned to the several funds for which taxes are assessed 
against such owner in proportion to the respective levies. ^t^of^oulc- 

Sec. 363. The assessment of property for taxation shall be ^^°^- 

deemed and held to be a step in the collection of taxes and the „ ^^^2, xxi., 




CIVIL CODE 



last five preceding sections shall be construed to mean as giv- 
of "^^Uons^'of ing full and complete power to the County Auditor, independ- 
!^!fr-:___ ent of any right conferred upon County Boards of Assessors or 
R. s. 296. Qii^QY officers, as to securing a full and complete return of prop- 
erty for taxation in all cases as expressed in said Sections, 
whether fraudulently or otherwise improperly or incompletely 
made. 
chTo r not'1-e- The actiou of said Auditor under said sections shall not 
Courtf.''^^ ^^'be interfered with by any Court of this State by mandamus, 
summary process or any other proceeding, but the taxpayer 
shall have the right, and no other, to pa}' his tax on such return 
under protest. 

As to payment under protest, see Sec. 413, post. 

done'when°tax- Scc. 364. Whenever an}- tax-payer shall fail to make re- 
mak^e'' return.*^" turns to the Auditor of his County within the time prescribed 
G. s. 24s : R. by law, it shall be the duty of the County Auditor to enter on 
xvn.f'ioTs^^'the tax duplicate, against such tax-payer, the property charged 
to him the previous year, with fifty per cent, penalty added 
thereto, except in cases of sickness or absence from the County, 
when the true amount of property only shall be charged, 
caused^by^'lick^ Scc. 365. If any person required to list property for taxation 
"e^nce. ""^ ^'^' shall havc been prevented by sickness or absence from giving 
G. s. 246; R. to the Auditor the statement or return for taxation required, 
s. 298; lb. g^i^i^ person or his agent may, at any time prior to the tenth day 
of September of the year of the assessment, make out and de- 
liver to the County Auditor a statement of the same, sworn to 
(which oath the Auditor is authorized to administer), and 
shall also make oath before said Auditor that he was sick or 
absent during the whole time when he should have otherwise 
listed his property for that year ; and, if absent, that such ab- 
sence was not for the purpose of avoiding the listing of his 
property. The Auditor shall receive the return made by the 
absent person, and charge such party with taxes on the dupli- 
cate according to the return so made to him. 
are °made ^and Scc. 366. Each County Auditor shall correct annually the 
_!£l_!f^Zff!l_ valuation of any parcel or lot of real property on which any 
s. '29 g'^Vnd structures may have been constructed, or on which any struc- 
^°°' ' ture may have been destroyed, according to the return thereof, 

made in accordance with the provisions hereof, and assess the 
tax upon such corrected valuation. Said Auditor shall also 
correct any errors he may discover in the name of the owner, 
in the description or quantity of any parcel or lot of real estate, 
or in anv return made to his office. He shall also correct anv 



OF SOUTH CAROLINA. 165 

A. D. 1902. 



errors in his duplicate when ordered by the Comptroller Gen- "— — y-*-' 
eral, but he shall not reduce any assessment of personal prop- 
erty regularly made and returned to his office, nor make any 
deduction from the valuation of any tract, lot, or parcel of real 
estate, except upon the written order of the Comptroller Gen- 
eral, which written order shall only be made by the Comptrol- 
ler General upon a statement of facts submitted to him in writ- 
ing; and when any personal or real property has been listed, re- 
turned, or entered for taxation in a wrong locality, the County 
Auditor shall correct the return or entry, and charge such prop- 
erty with the taxes in the locality required by the provisions 
hereof: Provided, That any correction made in the duplicate 
by the County Auditor shall be entered on both the Auditor's 
and Treasurer's duplicate, except that, in case of the reduction 
of any assessment or tax, the Auditor may furnish the Treas- 
urer with a certificate of such reduction : And provided fur- 
ther, That each County Auditor shall keep a record of all sales 
or conveyances of real property made in his County, in which 
he shall enter, in columns, the names of the purchaser and 
seller, the quality of land conveyed, the location and price of 
the same, and therefrom correct the County duplicates annu- 
ally; and, for the purpose of carrying out this provision, the 
Clerks of Courts and Registers of Mesne Conveyances of each 
County are hereby required to have the endorsement of the 
County Auditor on each and every deed of conveyance for real 
property that the same is on record in his office, before the same 
can be placed on record in the offices of said Clerks of Courts 
or Registers of Mesne Conveyances ; and the said County Au- 
ditor shall be entitled to collect a fee of twenty-five cents, for 
his own use, for making such entry and endorsement. 

Sec. 367. Each County Auditor shall, annually, on or before th^^upfi^ a °e 
September the thirtieth, make out and transmit, by mail, to the ["ya'jfy ^^^o*^ \^l 
Comptroller General, a complete abstract of the duplicate of Ge°^?ai.° ^ ^ ^ "^ 
his County, which shall state the aggregate value of taxable q g ,^3. r" 
property, and the total amount of taxes assessed thereon forxVif.^' lofl- 
that year; and he shall, at the same time, also make out andjg^j^^' ■^^^' 
transmit to the Comptroller General an abstract of the number 
and value of each of the enumerated articles of personal prop- 
erty, the value of merchants' and manufacturers' stock, and the 
value of all other personal property as returned by him and 
fixed by the Board or Boards of Equalization ; but such ab- 
stracts shall be made out in such form and contain such details 
as the Comptroller General may prescribe. 



i66 CIVIL CODE 

A. D. 1902. 

^— -v-^-^ Sec. 368. Each County Auditor shall answer in writing all 

County Au- inquiries propounded to him by the Comptroller General touch- 

s\TCr in writ- j^g the couditiou and value of the real estate of his County, and 

~G s 2 o- r' changes made in the valuation thereof in the different towns, 

s. 302: 1882, yijia^prgs cities, wards and other districts; also, as to the valu- 

XVII., 1017. & ' ' ' ' 

ations of the different classes of personal property for taxation, 
as compared with their market value, and in relation to any 
and all matters which the Comptroller General may deem of 
interest to the public, or of value to him in the discharge of 
his duties as Comptroller General. 

Sec. 369. Each County Auditor is hereby authorized to ad- 
adm"i^n i s Te r ™^^^^^^^ ^^^ oatlis ucccssary to be taken by any one in the as- 

^f^: sessment and return of property for taxation, or necessary in 

s^'soi-^/b' ^' ^^^ performance of any duty enjoined upon County Auditors by 
law. 

Sec. 370. The Comptroller General shall, from time to time, 

GenTr'aTfur- P^^P^^c and transmit to the several County Auditors all such 

a n^d^ ext'ends fomis and instructions as he may deem necessary to carry into 

Auditors""^ ^° effect the provisions of this Chapter, and shall decide all ques- 

Q g 261- R tions which may arise as to the true construction thereof, or in 

s. 3 04 ; lb., relation to the duty of any officer under the same ; and the 

1023, § 245. -^ J ' 

forms thus transmitted shall be observed and used by all 
County, town and municipal officers. • The instructions thus 
given shall be obeyed by, and the decisions thus made shall be 
binding upon, all County, town and municipal officers. 

The order of Comptroller General to Auditor to increase the assessment of 
property is without authority. — State v. Cromer, 35 S. C, 213; 14 S. E., 493. 

Sec. 371. He shall, as often as once a year, either in person 
and'exam°ine^sOr by somc authorizcd agcut of his office, examine all the books, 
Auditors "^a n°d papers and accounts pertaining to the office of the Auditors and 
nuafiy!'^^'^^ ^'^' the Trcasurcrs of the respective Counties, with a view of pro- 
"gTs! 224; R.tecting the interests of the State, and rendering the said officers 
1008^, V209. ''such aid or instruction as, in the discharge of their several 
duties, they may need to make their service the more efficient. 
Sec. 372. All original tax returns made to the County Au- 
Audkorf \ n d ditors of this State, and all Dispensers' request books, shall be 
q u eTtY to b^e prcscrvcd in their respective offices as public records for a 
year"^^ ^^ period of five years from the date of such returns. 

1898, XXII., After any original tax returns have been in the office of the 

^'^^' County Auditor for a period of five years, or any Dispenser's 

request books, the same may be destroyed or otherwise disposed 



OF SOUTH CAROLINA. 167 

A. D. 1902. 



of by the Auditor should it be inconvenient to preserve 
same in his office, and after such destruction the Auditor's j^'^^^^^^^^^^ 
books shall be primary evidence to the contents of said original l^e^years^ ^ ^ ^ 
returns. J^ 

Sec. 373. It shall be the duty of the County Auditor to keep 
as a permanent record in his office, a book to be known as the ^it^rs^to keep 
"Abatement Book" (to be furnished to him by the Comptroller I'J^^'Abatement 
General), wherein the County Auditor shall enter separately 
each and every abatement of taxes granted and allowed. Said ^^^ ^^ ^^ 
abatement book shall be so kept as to show in each case, under ~^^ xxiii 
appropriate columns, the number of the page and the number 307. 
of the line of the tax duplicate where the item abated appears, 
the name of the taxpayer, the amount and kind of tax charged 
on the duplicate, and for what year; the amount abated and 
date of abatement, in each case, and if the tax be on property, 
a description of property, also the reason why the abatement 
was applied for and allowed. After the abatement papers are 
so entered, they shall be filed in Auditor's office by consecutive 
numbering of each, and the number on the abatement paper 
shall be entered in the abatement book where the paper is en- 
tered, so there may be easy reference thereto. Said abatement 
book shall be kept by townships and summed up separately for 
each fiscal year; with a recapitulation showing at end of year 
the amount of State, county, school, poll and other tax abated 
during the fiscal year in the whole county. 

The abatements allowed in annual settlements between 
County Auditor and Treasurer shall be according to the record annuai>° setti" 
in said abatement book. "^^"*' 

Sec. 374. After the County Auditor has completed his as- 
sessment it shall be his duty to permit any person authorized to ^i^'f^o permU 
assess or collect municipal taxes for any town or city to inspect splcted- when! 
and use his books, without charge, for the purpose of taking ^g^g^ xxii., 
therefrom the assessed valuation of property within the limits ^^' ^ ^• 
of said city or town. 




CIVIL CODE 



ARTICLE XII. 



Boards of Assessors and Equalization. 



Sec. 
375 



how consti- 



Tax Districts, 

tuted. 
376. Boards of Assessors ana 

Equalization ; how appoint- 
ed ; duties. 
Duties devolved on Township 

Commissioners in certain 

Counties. 
Compensation of Township 

Commissioners acting as 

Assessors. 
Duty of County Auditor and 

Township Assessors to seeli 

for property not returned 

for taxation. 
Annual meeting of Township 

Assessors ; duties. 

381. Annual meeting of County 

Board of Equalization. 

382. Valuations by Boards to be 

adopted by County Auditor. 



377. 



378. 



379. 



380. 



Sec. 

383. Special Boards of Assessors 

for towns and cities. 

384. Special Boards of Equaliza- 

tion for city of Charleston. 

385. Special Board of Assessors 

and Equalization for City of 
Columbia. 

386. Auditor to conform duplicate 

to valuations by Boards. 

387. Assessments for all purposes 

uniform. 

388. State Board of Equalization ; 

how constituted. 

389. Time of meeting and proceed- 

ings of State Board. 

390. Compensation of members of 

State Board. 

391. Result of State Board's delib- 

erations to be transmitted 
to Auditors. 



Tax Districts. 



G. 

1882, 
98. 



Section 375. In Counties in which Townships have been laid 
XVIII ' ^^^' ^^^^ township shall be a tax district. 

In any County in which townships have not been laid out, the 
County Auditor shall divide his County into as many tax dis- 
tricts as may be necessary, and for the purpose of this Section, 
each ward and parish in the city and County of Charleston shall 
be considered a tax district, and ( i ) so much of the County of 
Charleston as formerly was part of the parishes of Saint James 
Santee and Christ Church (except Sullivan's Island), and (2) 
Sullivan's Island, and (3) so much of said County as was for- 
merly a part of St. Andrew's Parish, and (4) that part of said 
County outside of the city of Charleston and part of the Parish 
of St. Phillip, shall, severally, be tax districts of said County. 

This Board of Assessors has quasi judicial authority, and when its action as to 
assessments is concurred in by the County Board of Equalization it is res adjudi- 
cata and final and conclusive, except in case of mistake or fraud. — State v. Cromer, 
35 S. C, 213; 14 S. E., 493; State v. Covington, 35 S. C, 245; 14 S. E., 499. 

The assess- gee. 376. Except in the Counties of Bambers", Barnwell, 

ment of prop- '^ o' ' 

tion ^°^ *^''^' Beaufort, Charleston, Cherokee, Chester, Kershaw and Hamp- 
~^ — xxiiF ^°"' ^^^ duties relative to the valuation, assessment and 
28^- i^oi' n>'' ""^^^^^ of property for taxation are hereby devolved 
^71- upon Township Boards of Assessors, Special Boards of As- 

sessors for cities and towns, as now provided by law, and the 



OF SOUTH CAROLINA. 



County Board of Equalization, which said Township and Spe- 
cial Boards shall be appointed every two years by the Governor, 
upon the recommendation of the members of the General As- 
sembly from the respective Counties, or a majority of them, 
and their office shall be co-terminal with that of the Governor 
appointing them, and until their successors shall be appointed 
and qualified, and the Chairman of each of said Boards shall be, 
ex officio, a member of the County Board of Equalization: 
Provided, That in Horry, Newberry and Pickens Counties, the 
township and town Boards shall be appointed by the Auditor; 
and in Spartanburg County, they shall be appointed by the 
County Board of Commissioners. The members of each of said 
Boards shall receive as compensation for the performance of 
their duties two dollars per day, for not exceeding five days in 
any year, except when real estate is assessed, and then not ex- 
ceeding ten days in any said year ; except in the County of Flor- 
ence, members of the County Board of Equalization shall also 
receive five cents a mile one way in the most direct route to the 
Court House : Provided, That in the County of Spartan- 
burg the members of each of the said Boards shall re- 
ceive, as compensation for their services, two dollars per day 
for not exceeding ten days in any year, except when real estate 
is assessed, and in such years not exceeding fifteen days, except 
in Fairfield County where the number of days for each of said 
Boards shall not exceed three, and the members of the Town- 
ship Boards shall have no mileage : Provided, in the County of 
Orangeburg, the County Auditor is hereby authorized and di- 
rected to appoint three discreet freeholders in each Township 
in said County, on or before the first day of March of each 
year, who shall constitute the Township Board of Assessors 
for the assessment and equalization of all taxable property in 
their respective Townships ; and the said Board of Township 
Assessors shall elect one of the members as Chairman, and the 
Chairman of the respective Township Boards shall constitute 
the Township Board of Equalization, who shall meet at the 
call of the Auditor to equalize the taxable property of the 
County ; and the said County Board of Equalization shall elect 
one of their number as Chairman of the County Board, and 
said Chairman shall be a member of the State Board of Equal- 
ization for said County. Each member of the Township Boards 
of Assessors shall receive one dollar for one day in each year 
and mileage, to paid as other claims against the County, and 




Town ship 
Boards of As- 
sessors, &c. 



Special pro- 
visions Horry, 
Newberry, 
Pickens and 
Spartanburg. 

Compensation. 



Special pro- 
visions Flor- 
ence. 



Spartanburg. 



Orangeburg. 




CIVIL CODE 



the members of the County Board of Equalization shall receive 
each one dollar for one day in each year, and also mileage. 
Township ggg 377_ In the Counties of Bamberg, Barnwell, Beaufort, 

Commissioners o' ' ' 

— -~'Z Charleston, Cherokee, Chester, Kershaw and Hampton the 

G. b., 253; 7 3 J r 

is ^'xxni ' duties of the Township Boards of Assessors are devolved upon 
lb'' 280' i^oi'^^^ Township Boards of Commissioners, who upon taking the 
666; lb. Q^th prescribed by the constitution (Article III., Section 26), 

shall meet at some convenient place in their respective districts 
for the purpose of assessing the value of real and personal 
estate in their tax districts for taxation. The Chairmen of 
the Township Boards of Commissioners shall be ex officio 
members of the County Boards of Equalization in said 
Counties. 
Compensation Scc. 378. Each member of the Township Board of Com- 
°^55gs?o°rI."^^'^™issioners shall receive for his services in performing the duties 
1S97, XXII., devolved upon him by Section 377 two dollars for each day 
468, § 7- actually employed, not exceeding three days : Provided, That 
in those townships or tax districts in which is situated an incor- 
porated town or city of one thousand and less than five 
thousand inhabitants they shall be paid for not exceeding 
five days ; and in those townships or tax districts in which 
there is an incorporated city or town of five thousand and 
less than ten thousand inhabitants they shall be paid for not 
exceeding ten days ; and in those townships or tax districts in 
which there is an incorporated town or city of ten thousand 
inhabitants or more they shall be paid for not exceeding twenty 
days : Provided, further. That no per diem shall be paid unless 
accompanied by the affidavit of such member, giving the 
number of days actually employed, and by the certificate of the 
County Auditor to the effect that such member has fully per- 
formed all the duties required by this Article, and the Chairmen 
Compensation of Said Township Boards of Commissioners when acting as 
B^oa^rd""o^niembers of the County Board of Equalization shall receive 
E qualization. ^^ compensation for their services three dollars per day for 
R. %. '3 f o^-each day actually employed in performing such duties, and one 
10^20.^' ■^'^^^■' mileage at five cents per mile each way for travel actually 
performed, to be paid by the County Treasurer upon the warrant 
of the County Board of Commissioners on the certificate of the 
County Auditor. 

Sec. 379. It shall be the duty of the County Auditor and 
the Township Board of Assessors, on or before the first Tues- 
dav of March in each vear, to diligently seek for and discover 



OF SOUTH CAROLINA. 




all property, both real and personal, in his County subject to 
taxation and not previously returned or listed with him; and it coiStV Audi^ 
shall be his duty to list the same for taxation, giving the ^^-p^'^gg'^j^Q^g 
valuation thereof, with the name of the owner or person tOp°op|^^y ^°J^ 
whom it is taxable. lUZfot ^°' 

It shall be the duty of the County Auditor, on or before J897, xxii., 
the first Tuesday of March in each year, to lay before the '^^^' ^ ^■ 
Township Boards of Assessors and the special Boards of ito^°t(^Yay'be- 
Assessors the returns of all property, both real and personal, ^Jg^ggjQ°g'"^J|gp 
made to him, together with a list of all property, both real and dfscoverecf Ty 
personal, which he can discover has not been previously re- {'u^ne^l. ^°^ ^^ 
turned or listed for taxation, as required by law, stating in J^ ^_ 
the columns of remarks upon each return and list what he 
believes ought to be the valuation of the property returned or 
listed. 

Sec. 380. The Township Boards of Assessors and Special >''o?T'Swn- 
Board of Assessors shall meet annually, on the first Tuesday Qj^^f5g[o^g°f 
in March, or as soon thereafter as practicable, at some con-^^^ie^^^"^"'^^' 
venient place or places for the purpose of performing the jgg^^ xxii., 
duties devolved upon them. It shall be their duty to carefully I ^^g „ ^^ ^ f* 
consider the returns and lists laid before them by the County l\°]' ^^™- 
Auditor, and if necessary to compare the same with the tax re- 
turns and tax duplicate for the previous year or years. They 
shall diligently seek for and discover all property, both real and 
personal, in their respective tax districts not previously re- 
turned by the owner or agents thereof or not listed for taxation 
by the County Auditor and thereupon it shall be their duty to 
list the same for taxation in the name of the owner or person 
to whom it is taxable. It shall thereupon be their further duty 
to fairly and impartially assess the value of all property, both 
real and personal, in their respective tax districts, entering upon 
their returns and lists furnished them. And they shall have 
the right in performing their duties hereunder to increase or to 
lower the valuation of any property, real or personal as fixed by 
the County Auditor or as returned by any person ; and it shall 
not be deemed material whether the return so increased was in- 
tentionally or unintentionally false, or whether the property 
whose value is so raised was intentionally or unintentionally 
returned at less than its fair cash value by the County Auditor 
and upon the lists made out by them, the valuation fixed by 
them ; but they shall not reduce the aggregate value of real 
and personal property below the aggregate value thereof as re- 



172 CIVIL CODE 

A. D. 1902. 



^ » ' turned to the County Auditor, said returns and lists, with said 

valuations, to be by them laid before the County Auditor on or 
before the third Tuesday of March in each year: Pro- 
wi^n^^asllsted' "^'^ded, however. That real estate shall be valued and as- 
sessed by said Boards only in those years when real 
estate is by law required to be returned, except that the 
Board may, in any year, value, and assess any real estate 
and improvements thereon which they may ascertain or dis- 
cover have not previously been returned or assessed for taxa- 
tion. Whenever the valuation and assessment of any property 
is fixed by said Boards at a sum greater by one hundred dollars 
or more than the amount returned by the owner or his agent, 
or whenever any property is valued and assessed for taxation 
which has not been previously returned or assessed, it shall be 
the duty of the County Auditor on or before the fourth Mon- 
day m March, of the year in which the valuation and assess- 
ment is made to give to the owners or agent of such property 
written notice thereof which notice may be served upon such 
owner or liis agent personally, or by mailing the same to such 
person or his agent at his last known place of residence and 
such owner or his agent, if he objects to such valuation and as- 
sessment shall have the right of appeal to the County Board of 
Commissioners sitting on the County Board of Equalization, 
which appeal shall be heard by said County Board. The ac- 
count of the County Auditor for the necessary stationery and 
postage to enable him to give the notice herein required shall 
be a valid claim against the County and shall be paid as other 
County claims are paid. Nothing in this Article contained shall 
be construed as interfering with the duty of the County Audi- 
tor of adding fifty per cent, to the value of personal property as 
a penalty as provided in Sections 345, 362, 364 and 357, nor 
with the duties of the County Auditor prescribed in Section 358. 
When County Scc. 381. The Couuty Boards of Equalization shall meet on 

Boardsof -^ ^ 

Equaiiza t i o n t^g f ourth Tucsday in March in each vear, and at such other 

shall meet. ■' . _ ^ 

times as the Chairman or a majority of the Board shall direct, 
at the office of the County Auditor, who shall act as their 
cleric. 
Duty of xhe County Auditor shall thereupon lay before them the 

County Boards -' r j 

o/^E q u a liza- returns of property made to him and all property hsted by 

-— — ^^him and by the board of Township Assessors and Special 

466. §5- Boards of Assessors. Each member, having taken an 

oath, before some officer duly qualified to administer the 



OF SOUTH CAROLINA. 




same, fairly and impartially to equalize the value of the 
real and personal property of their County according to the 
provisions of law, the Board shall immediately proceed to 
equalize the valuations fixed by the Board of Township As- 
sessors and Special Board of Assessors, so that each piece of 
property shall be entered on the tax list at its true value. They 
shall hear all grievances and appeals from the valuations and 
assessments fixed by the Township Boards of Assessors and 
Special Boards of Assessors and act upon the same. For the 
purpose of performing their duties said Board shall also ob- 
serve the following rules : 

First. They shall raise the valuation of such tracts and g^.^^'^^^*^" f ""'j,. 
lots of real property, or articles of personal property, as in Eq°uaiization° ^ 
their opinion have been returned or assessed below their j^^y ^^jgg ^]^^ 

valua t i o n of 
property asses 
ed too low. 



true value to such price or sum as they may believe to be p^^pg^^y 3^,^53. 
the true value thereof, and due notice shall be given to the 
owner or agent of such property. 

Second. They shall reduce the valuation of such tracts ^f^/^to^^n "^of 
and lots of real property, and articles of personal property, P^°P^o*y|fg^h^' 
as in their opinion have been returned or assessed above their 
true value as compared with the average valuation of the 
property of such County, having due regard to the relative 
situation, quality of soil, improvement and natural and artificial 
advantages possessed by each tract or lot of real property. 

Third. They shall not reduce the aggregate value of real vaufe^not^to be 
and personal property below the aggregate value thereof as g^te^tiul fix- 
returned to the County Auditor. The Auditor shall keep an ^"^ ^^ Auditor. 
accurate journal or record of the proceedings and orders of 
said Board. 

Any person whose property has been or may be assessed pe^i'^to Comp" 
above its true value who cannot secure relief from said Board'™ ^^' ^'^*^'^^- 
shall have the right to appeal to the Comptroller General, to 
whom shall be forwarded all testimony relative to each alleged 
grievance and who shall act thereupon. 

The decision of the County Board can only be reviewed on this appeal. State 
V. Cromer, 35 S. C, 213; 14 S. E., 493; State v. Covington, 35 S. C, 245; 14 
S. E., 499. 

_, . Valuations 

Sec. oo2. ihe said returns and lists of taxable property, thus made to 
with the valuations fixed as hereinbefore provided, shall there- Auditor, 
upon be adopted by the County Auditor for the purposes of ib., § 6. 
taxation for the ensuing year, and shall be permanently entered 
of record by him upon the tax books of his County. 




CIVIL CODE 



Sec. 383. The Governor shall appoint, upon recommendation 
eSors'^ °k o^w ^f the Senator and members of the House of Representatives 
, ppointed in f j-qj^ ^j^g respective Counties, three discreet electors in each in- 

;itiesana J^ ' 

°^""^- corporated city and town of this State having a population of not 



lb., § 9- less than five hundred inhabitants, who shall be known as the 
Board of Assessors of such cities and towns, whose terms of 
office shall be co-terminal with that of the Governor by 
whoni such Assessors shall have been appointed, and, until their 
successors shall have been appointed and qualified. The duties 
heretofore devolved upon the Township Board of Commis- 
sioners as Assessors shall be devolved upon the Board of 
Assessors herein provided for within the limits of their respec- 
tive cities and towns : Provided, That nothing- contained in this 
Section shall be construed as affecting the Special Board of 
Assessors in the cities of Charleston and Columbia. 
cfEquahfa°tfou ^^^' ^^^- There shall be a Special Board for the equalization 
Chariesto/ ° * °^ ^^^^ ^^^ personal property, moneys and credits in the city 
'^ ^ 256^*^^ Charleston, to be composed of the County Auditor and six 
^897 ^' xxiL, citizens of said city to be elected by the City Council of Char- 
43°- leston and subject to removal by the said City Council, which 

Board shall meet annually at the County Auditor's office on the 
, first Tuesdav in March, and shall have power to equalize the 

Powers of. ^ -^ -^ . 

value of the real and personal property, moneys and credits 
within said city, and shall be governed by the rules, provisions 
and limitations prescribed for the government of the annual 
County Boards of Equalization, but said Board shall not con- 
tinue in session for more than two weeks in one year; and it 
Duty of Co. shall be the duty of the County Auditor, and he is hereby re- 
quired, on or before the twentieth day of March in each and 
every year, to furnish to the municipal authorities, for the pur- 
pose of municipal taxation, an abstract of the real and per- 
sonal property in the city of Charleston, with the assessment 
of valuation thereon, according to the said County Auditor's 
books. And in order that the said County Auditor may comply 
with this requirement, the City Assessor of the city of Char- 
leston, his deputies and clerks, shall attend and assist the 
County Auditor in his office, and, under his direction, control 
and supervision, between the first da}^ of January and the 
twentieth day of March, shall receive and enter the tax returns 
for all property within the County of Charleston that is within 
the corporate limits of the city of Charleston and make an 
abstract with the assessment of valuation thereon according- 



OF SOUTH CAROLINA. 




to the County Auditor's books, which abstract shall be certified 
by the County Auditor as a complete assessment of the property 
assessed and such abstract so made and certified shall be 
deemed official and shall be available as a basis for the as- 
sessment of taxes for municipal purposes on or before the 
t-^entieth day of March in each year. 

Sec. 385. There shall be a Speciaf Board of Assessors for f<fr^^h? at°y o1 
the city of Columbia, to consist of three discreet residents of ^°''"^"'^'^" 
said city, to be appointed annually by the City Council of the 
city of Columbia on or before the first day of January in each 
and every year, who shall have all the duties, powers, privileges 
and compensation as are now devolved by law upon the Board 
of Township Assessors for Columbia Township so far as said 
duties, powers and privileges relate to the assessment and 
valuation of property in the city of Columbia and the duties, 
powers and privileges of the said Board of Township As- 
sessors for Columbia Township so far as they relate to the as- 
sessment and valuation of property shall be confined to so much 
of Columbia Township as lies outside of the limits of the city of 
Columbia. 

Sec. 386. The County Auditor shall add to, or deduct from, county Audi- 
the value of real estate or personal property such per centum, or deduct from 

.,, -1111 1 1- • valu a 1 1 o n of 

m villages, towns, wards, blocks, or other districts, as may property, as di- 
be ordered by the Board of Equalization of the city or County, Board, 
as the case may be, on the duplicate, distributing the same g. S. 257-, 
pro rata to each owner, and shall add to, or deduct from, theio2i.' 
valuation of the real or personal property of individuals, com- 
panies, or corporations, such sum or sums as may be ordered 
by either of said Boards. 

Auditor cannot add to the valuation of property of corporations where same has 
been approved by the Board. — State v. Cromer, 35 S. C, 213; 14 S. E., 493; State 
V. Covington, 35 S. C, 245; 14 S. E. 499. 

_, . . , Unifoim as- 

Sec. 387. Taxes for township, school, municipal and all other sessment. 



purposes provided for or allowed by law shall be levied on 1S96, xxri., 

the same assessment, which shall be that made for State 

taxes. ,, . . , 

Mtinicipal au- 

All persons charged with the assessment or collection of thor ities to 

^ _ _ -^ copy assess- 

taxes for municipal purposes may copy from the County "i.ent^ from Au- 
Auditor's books the assessment of valuation thereon found, ~: 

7b. 

and may use the same as the basis for the assessment of taxes 
for municipal purposes : Provided, That nothing herein con- 
tained shall prevent the municipal authorities from assessing 




CIVIL CODE 



and collecting taxes upon property not upon the Auditor's 
book. 
state Board Sec. 388. At the first meeting of said Board they shall elect 
tiou; how con- one of their number who shall be a member of the State Board 
^ ' " ^ ' — '- — of Equalization and who shall perform all the functions of 
R. s. 3-i3-/ib.' said office as now provided by law. The member so elected 
i°8'9'3, XX I.', must file with the Comptroller General a certificate of his elec- 
■* ^' ^' tion on or before the meeting of the State Board. 

The Comptroller-General shall submit the said certificates of 
election and the abstracts of real property transmitted to him 
by the County Auditors to the State Board when it convenes, 
and shall transmit its decision to the County Auditors, who 
shall forthwith conform their action thereto. 
Time of meet- Sec. 389. The said Board shall meet at Columbia on the 

ing and pro- ,^^,.-,, , ,.,,.- . 

ceedings of second iucsdav m Julv, one tnousand eight hundred and 

State Board. . ' ' . . , 

nmety-four, and on the same day m every fourth year there- 

R. s. 314; h.', after. Each member shall take an oath or affirmation that he 

188" XIX 

164, §'3. ' ''will, to the best of his knowledge and ability, so far as the duty 
devolves on him, equalize the valuation of real property among 
the several Counties, towns, cities and villages in this State ac- 
cording to the rules prescribed by this Chapter for valuing and 
equalizing the value of real property ; and having received from 
the Comptroller-General the abstracts of real property transmit- 
ted to him by the several County Auditors, said Board shall 
proceed to equalize the same among the several towns, cities, 
villages and Counties in this State in the manner hereinafter 
prescribed. 

1st. They shall add to the aggregate value of the real prop- 
erty of every County Avhich they shall believe to be valued be- 
low its true value in money such per centum in each case as will 
raise the same to its true A-alue in money. 

2d. They shall deduct from the aggregate valuation of the 
real property of every County vvhich they shall believe to be 
valued above its true value in money such per centum in each 
case as will reduce the same to its true value in money. 

3d. If they believe that right and justice require the valua- 
tion of the real property of an}- town, city or village in any 
County, or of the real property of such County not in towns, 
cities or villages, to be raised or to be reduced, without raising 
or reducing the other real property of such County, or without 
raising or reducing it in the same ratio, they may in every 
such case, add to or take from the valuation of property in any 



OF SOUTH CAROLINA. 




one or more of such towns, cities or villages, or of property 
not in towns, cities or villages, such per centum as they be- 
lieve will raise or reduce the same to its true value in money. 
The Board shall keep a full account of their proceedings and 

_,_j„_(. Compensation 

uruers. ^^ members. 



Sec. 390. Each member of the Board shall receive three 



G. S. 259. 

dollars per day for each day he shall be employed in perform- l^-^^-^^i 5 ;^/b., 
ing the duties enjoined upon him, and five cents per mile for '^^o, xx.,718. 
traveling to, and the same for returning from, the seat of gov- 
ernment, to be computed by the most usually traveled route, 
and paid out of the State Treasury, on the warrant of the 
Comptroller General. G^eTeV a / 1 1 

Sec. 391. AVhen the State Board of Equalization shall have^J/Xir ddib* 
completed their equalization of real property among the several ^^^^^^^^ ° ^^^^1° 

Counties, the Comptroller General shall transmit to each^^lf; 

County Auditor a statement of the per centum to be added ^*^g fig.^/t,; 

to, or deducted from, the valuation of the real property of his 

County, specifying the per centum added to, or deducted from, 

the valuation of the real property in each of the several towns, 

villages, and cities, and of real property not in towns, villages, 

or cities, in each case an equal per centum shall not have been 

added to, or deducted from each ; and the County Auditor 

shall forthwith proceed to add to, or deduct from, each tract or 

lot in his County the required per centum on the valuation 

thereof as it stands, after having been equalized by the County 

Board of Equalization, adding any fraction over fifty cents, and 

deducting any fraction less than fifty cents, so that the valuation 

of any tract or lot shall not contain any fraction of a dollar, 

and charge the same with taxes upon such equalized value. 



12. — C 




CIVIL CODE 



CHAPTER XV. 

The Collection of Taxes. 

Article i. The County Treasurer — appointment, tenure of 
office, compensation, etc. 

Article 2. Powers and duties of County Treasurer and gen- 
eral provisions concerning the collection of 
taxes 

Article 3. Remedies and proceedings for relief of taxpayers. 

Article 4. Enforced collection of delinquent taxes. 

Article 5. Annual settlement of County Treasurers. 



ARTICLE 1. 



The County Treasurer — Appointment, Tenure of Office, 
Compensation, &c. 



Sec. 

392. Appointment and qualifica- 
tion ; bond. 

39.3. Suspension and removal from 
office. 



Sec. 

394. Treasurers of Charleston and 

Berkeley Counties ; may ap- 
point deputies ; duties and 
compensation. 

395. Commissions of County Treas- 

urers. 



County Trea- Scctioii 392. The Govemor is authorized, by and with the ad- 

surers, how ap- . , . , _ . . i /— 

pointed. vicc and conscut of the benate, to appoint for each County 



1897, XXII., in the State a County Treasurer, who shall hold office for two 
XII., 744. 'years and until his successor is appointed and qualifies. Be- 
fore entering upon the duties of his office he must take and 
subscribe the oath of office prescribed by the Constitution, 
and also the oath with respect to duelling. The Governor 
may require from said officer such bond as he may deem neces- 
.„ J , sary, but the bond of the County Treasurer of Charleston 

Bonds of. -^ -^ 

County shall not be less than fifty thousand dollars ; the bonds 



1897, lb., 

440; 1897, 7&., of the County Treasurers of the Counties of Richland and 

603; lb., 584. ■' 

Beaufort, respectively, not less than thirty thousand dollars ; 
the County Treasurers of Saluda County and of Dorchester 
County, respectively, ten thousand dollars ; the County Treas- 
urer of Horry County, twelve thousand dollars ; and the 
County Treasurer of Berkeley County, twelve thousand dollars : 



OF SOUTH CAROLINA. 




the County Treasurer of Bamberg County fifteen thousand 
dollars ; and the bonds of the County Treasurers of the other 
Counties, respectively, not less than twenty thousand dollars. 

Liability on bond. — Greenville Co. v. Runion, 9 S. C, i ; State v. Teague, 6 
S. C, 149; State V. Baldwin, 14 S. C, 139; York County v. Watson, 15 S. C, 9; 
Aiken Co. v. Murray, 35 S. C, 508; 14 S. E., 954. 

Sec. 393. County Treasurers shall be subject to suspension Suspension 

-' •' ^ a n d removal 

and removal from office by the Governor, upon the same ^"''"™ °^'^^- 
grounds and in the same manner as prescribed in Section 340 j^^^^ ^■o.^?^' 
in relation to County Auditors, and all the provisions of said § 207. 
Section are hereby made applicable in cases of suspension and 
removal of County Treasurers. 

Sec. 394. The Treasurer of Charleston County may appoint chIriesto"and 
one deputy and the Treasurer of Berkeley County three depu-^^'|^^^|^y boun- 
ties, whose duty it shall be to assist in the collection of taxes ?°i?*^ '^^p,"^'^^: 

' -' duties and com- 

in said Counties, respectively. Each deputy shall receive as pensation. 
compensation for his services the same commissions as are^^^^g f{g-^ib' 
paid for collection of taxes to the County Treasurer, but ^^^]gg^^'xviii' 
total amount paid to such deputy in any current year shall not 98. 223- 
exceed five hundred dollars. Their duties shall be confined to 
the collection of simple taxes and shall not include penalties 
attached thereto. They shall give such bond for the faithful 
performance of their duties as said Treasurers, respectively, 

shall require. ^ Commissions 

Sec. 395. The following shall be the commissions of the^l^J^^°^J^^^ 
County Treasurers upon all taxes collected in their respective "gg, xvii 
Counties: Three per cent, upon the first ten thousand dollars ; ^vin ^qfo- 
two per cent, upon the next ten thousand dollars; one per' ^^.S' ^g^|^-' 
cent, upon the next ten thousand dollars; one-half of one per^g^^^-^^ j?^^' 
cent, upon all amounts collected over thirty thousand dollars :1^^^'jj' ^^^.' 
Provided, That same shall not exceed eight hundred dollars ^^l^, x x i ., 
or be less than five hundred dollars per annum, except in the 
County of Chesterfield, where the commissions shall not exceed 
six hundred dollars, and except in the County of Charleston, 
where the commission shall not exceed two thousand dollars. 
For the clerical services in the office of the Treasurer of Char- 
leston County, one thousand dollars : Provided, further, That 
the Treasurers of Horry, Sumter, Fairfield, Newberry and 743^^^' ■^^^^•• 
Marion Counties, respectively, shall receive for the fiscal year 
1897, and each year thereafter, as their compensation, the fol- 
lowing commissions upon all taxes collected by them, to wit: 
Four per cent, upon the first ten thousand dollars, three per 
cent, upon the next ten thousand dollars, two per cent, upon 



CIVIL CODE 



A. D. 1Q02. 



^— "^v^*-^ the next ten thousand dollars, and one per cent, upon all sums 

collected over thirty thousand dollars : Provided, The same 

shall not exceed the sum of one thousand dollars or be less than 

seven hundred dollars per annum. 

ersSn^s'artan- '^^^ Treasurer of Spartanburg County shall receive as his 

burg County, compensation the following- commissions upon all taxes col- 

1897, XXII., lected by him, to wit : Three per cent, upon the first ten 

thousand dollars, two per cent, upon the next ten thousand 

dollars, one per cent, upon all sums collected over thirty 

thousand dollars : Provided, The same shall not exceed the 

sum of fifteen hundred dollars or be less than one thousand 

dollars per annum. Said commissions to be paid quarterly. 

For salaries paid County Treasurers in lieu of commissions, in certain Counties. 
See "Costs and Salaries of County Officers." Post. 



ARTICLE II. 

Powers and Duties of County Treasurer, and General 
Provisions Concerning the Collection of Taxes. 



Sec. 

396. When office to be kept open. 

397. Must attend at convenient 

places to collect taxes, &c. 

398. When tases payable ; receipts ; 

pay certificates of jurors 
and witnesses receivable for. 

399. Apportionment when property 

transferred after assessment 

400. General cash account of 

County Treasurer ; entries 
therein. Accounts with 
school districts ; entries 
therein. 

401. When and how money for- 

warded to State Treasurer ; 
receipts therefor ; duty in 
respect to ; penalty. 

402. Must report collections of 

funds to County Board of 
Commissioners and County 
Superintendent of Educa- 
tion. 



Sec. 



403. Monthly report to Comptrol- 

ler-General. 

404. Annual report to Superintend- 

ent of Education. 

405. Annual report to Court of 

Sessions ; publication of. 

406. Delinquent taxes : penalty ; 

execution. 

407. Mortgagee may pay tax and 

include same in mortgage 
debt. 

408. Comptroller General may re- 

mit penalty in certain cases. 

409. Property liable to distress and 

sale for delinquent taxes. 

410. Treasurer may proceed by suit 

as well as by distress war- 
rant to collect chattel tax. 

411. Delinquent chattel tax, how 

enforced against property in 
another County. 



Section 396. The County Treasurer shall keep his office open 



When office 
tobekept 

ope"- for the receipt of taxes during the times fixed from time to 

1882, XVII., time by law. 
1023, s 246. -' 



OF SOUTH CAROLINA. 




Sec. 397. The County Treasurers of the respective Counties 

• ' r , • 1 r 1 1896, XXII., 

may attend at certain safe and convenient places for the pur- 61. 
pose of collecting taxes. They shall give twenty days' public 
notice of the days when they will be at the places designated : 
Provided, That the provisions of this section shall not apply 
to the Counties of Chester, Georgetown, Sumter and York. 

Sec. 398. All taxes, except as herein excepted, shall be pay-nua^Uy- pay 
able annually after their assessment, and the several County jurors and wit- 
Treasurers shall collect the same in the manner required by for. 
law, and give the receipts therefor to the several parties paying g. S. ^66; 
the same, in which the real estate paid on shall be briefly de-1882, xvii.', 
scribed, and the value of the personal property paid on shall ^°^^' 
be stated together with the time such taxes may be payable. 
The pay certificates of all jurors and State witnesses in the 
Circuit Courts shall be received in payment of County taxes. 

Sec. 399. When the title or an interest in real or personal ment of taxes 
property, or any part thereof, shall have become trans f er red f erred after re- 

t' ^ ^' ■> ^ ' ..turn, but be- 

to or vested m anv person not the owner at the time said fore time of 

'. . . r 1 • • ,, paymentof 

property was assessed for taxation, before the expiration 01 the taxes. 
period for the payment of taxes thereon, it shall be the duty g. s. 267; 
of the County Auditor, upon the application of the person ac- 1024.' 
quiring such title or interest subsequent to assessment, and 
before the period for paying* taxes has expired, to apportion 
the share of taxes due by the original owner upon that portion 
of or interest in the property acquired subsequent to assess- 
ment by the party so applying, and thereupon it shall be the 
duty of the County Treasurer to receive from the party so ap- 
plying the proportinate share of taxes upon such p8.rt or 
interest so acquired since assessment as estimated by the Au- 
ditor, and give receipt for same, which receipt shall discharge 
such portion or interest from the taxes so assessed. 

^^ General cash 

Sec. 400. It shall be the dutv of each County ireasureraccount of 

^ ■ r 1 r^ 1 1 r ^ County Treas- 

of the several Counties of the State to keep a book 01 entry urer. 
containing a "General Cash Account" of the school fund of his Entries there- 
County for each fiscal year, showing on the left hand page the — —— 

unexpended school fund for the previous year, the total poll 80. 
tax, the total two mill tax, the total special tax and the total 
amount of other school funds for the current year, and show- 
ing on the right hand page the date of payment by him, the date 
of approval by the School Commissioner, the school district's 
No., the School Trustee's No., the School Commissioner's No., 
and his No. (his No. beginning with the figure i and running 



1 82 CIVIL CODE 

A. D. 1902. 

"^ Y ^ on up successively through the fiscal year), the name of the 

payee, the name of the person presenting, and the amount of 
each warrant paid by him during the fiscal year. The said 

Account with Treasurer shall also keep an account in said book with each 

School Dis- ^ 

tricts. school district in his County showing the amount due to the 

, Entries there- district f or the prcvious year, the poll tax, the two mill tax, 
the special tax and any other funds due the district for school 
purposes, and the date of payment by him, the date of approval 
by the School Commissioner, the school district's No., the 
School Trustees' No., the School Commissioner's No., and his 
No. (it being the same No. as in the "General Cash Account"), 
the name of the payee, the name of the person presenting, and 
the amount of each warrant paid by him during the fiscal year, 
drawn on the fund of that district. 

As to the disposition of unpaid school taxes collected by the Sinking Fund Com- 
mission see Sec. 114. Ante. 

whenand §60. 401. Evcry County Treasurer shall on the first and 

how money ■' ^ 

forwar d e d to fifteenth davs of each month forward to the State Treasurer 

state treasur- 
er; receiptsall the moneys collected bv him for or on account of the State 

ttierefor; duty ■' ^ 

in respect to.taxes. Specifying for and on account of what fund the same 

— 7- were collected, for which an original and duplicate receipt shall 

R. s. 327: /b.,be issued to him bv the State Treasurer, of which the original 
1026, § 257; _ - _ ° 

188 9, X X., shall be retained bv the Countv Tpeasurer and the duplicate shall 
366. ^ ' ^ 

be forwarded by him to the Comptroller-General ; and should 
said County Treasurer fail within ten days after he has received 
such receipt to send the same to the Comptroller General he 
shall forfeit and pay a sum not exceeding two hundred dollars, 
nor less than fifty dollars, to be recovered in any Court having 
jurisdiction thereof, and the Comptroller General, upon in- 
formation made to him, shall take the necessary measures to 
cause the same to be recovered. 
ty'commiSioS' Scc. 402. The County Treasurer shall, on the first and fif- 
coiiec'ted.^^'"^'^*^^^"^^ "^^X^ ^^ ^^^^ month, report to the County Board of Com- 
G. s. 273;™^ssioners of his County the amount of funds collected for and 
fo27,' §^25/.^'' o^ account of the County and the character of such fund. He 
Reports moT.th- shall, ou the fifteenth day of each month, report to the 
^^up°ermtend^ County Superintendent of Education the amount of collections 
l\on.°^ ^'^"'^^"and disbursements made by him for the month on account of 

G. s. 1022, poll tax and all other school funds. 
I 8 7 s! XVI.', Sec. 403. He shall, on the sixteenth day of each month, re- 
3 4, § so. ^oTt to the Comptroller General, in such manner as he shall 
direct, a full and complete statement of the previous month or 



OF SOUTH CA'ROLINA. 




months, exhibiting the total collection made during the fiscal 

year, the amount disbursed, and cash on hand for or on ac-port°to Comp- 

count of any levy or tax collected by him, which report shall era! 



be denominated "The County Treasurer's Monthly Report." g. s. 273; 

Sec. 404. He shall make out and forward annually to the 1882, x\^ii.' 
Superintendent of Education, on the first day of November, a ^°^''' ^^^' 
certified statement showing b}^ school districts the amount of port to Super^ 
poll and all other school taxes collected by him for the fiscal Education, 
year ending on the thirty-first day of October next preceding, g. s. 1023; 

Sec. 405. He shall make an annual report to the presiding i s 7 s] xV i.', 
Judge, at the second term of the Court of General Sessions in^ '^' ^^' 
his County which shall be held after the first day in January in t^"c o u rT°of 
each year, of the number, character and amount of claims paid Icaflon^of.^^^' 
by him on orders of County Commissioners and r. s. -132; 
County School Commissioners and to whom paid, g^g^l' .'^s^J ^6,' 
which report shall be submitted by said Judge to the Grand ^^^^'■^^■'^^^' 
Jury for their examination, and shall be filed by the Clerk of 
said Court and kept in his office for public inspection. He shall 
cause said report to be published at least two weeks before the 
sitting of said Court in some newspaper published in the 
County. The County Treasurers of Fairfield, Florence, Ches- 
terfield, Clarendon, Williamsburg, Edgefield, Sumter, Colleton, county Trea- 
Chester, Orangeburg, Greenville, Darlington, York, Pickens t a^^i n countks 
and Aiken Counties shall not be required or allowed, at public disbursements, 
expense, to publish annually the itemized statements of their 1900, xxiii., 
disbursements. ^^^' 

Sec. 406. When the taxes, assessments and penalties charged iaxli*;"penait"l 
against any property shall not be paid on or before the time ^^g*^^^^^"*"- 
fixed in each year, a penalty of fifteen per cent, thereon shall be^.^s. 3%;'/b.! 
added by the County Auditor on the County duplicate; and if xix.^'sL^^^' 
the said taxes and penalty shall not be paid on or before the 
day fixed in the Act levying the tax for that year, the said taxes 
and penalty shall be treated as the delinquent taxes on such 
property, to be collected in the manner that is or may be pre- 
scribed by law ; and if the amount of such delinquent taxes, as- 
sessments and penalties shall not be paid on or before the day 
fixed in the Act levying the tax for the year, the same shall be 
collected by warrant of distress or execution against thfe prop- 
erty of the defaulting tax-payer, as hereinafter provided. 

Penalty not unconstitutional. — Ex parte, Lynch, 16 S. C, 36. 

Sec. 407. Any person holding a lien by way of, or an inter- 
est in the nature of a mortgage upon any property, the subject 




CIVIL CODE 



of taxation, upon which the mortgagor shall have failed to pay 
m^°'^ply ^tax ^^^ ^^^' °^ upon which there may exist a lien for taxes on 
tame'^^in ^mol-^ ^^y Other property of the mortgagor, may, at any time before 
ga ge debt. -(-j^g gg^jg thereof for delinquent taxes, as hereinafter provided, 
R.*^'s.^' sYI; P^y ^^^ ^^^ ^^ ^^^ ^^^ property of the mortgagor, with any costs, 
io2s'- '^I'^q^oV penalties or assessments which may have accrued thereon ; and 
xxiii., 352. thereupon he shall be entitled, as against the mortgagor, his 

representatives, privies or assigns, to include the amount so 

paid, and all interest thereafter accruing thereon, in the debt 

secured by his mortgage. 

Forfeiture for taxes, with right of redemption existing, does not divest lien of 
mortgage. — Annely v. DeSaussure, 12 S. C, 512. Purchase at tax sale by mort- 
gagee or assignee does. — Devereaux v. Taft, 20 S. C, 555. This section gives the 
mortgagee a legal remedy where the mortgagor fails to pay the taxes; hence equity 
will not interfere where the security is sufficient. — Nathans v. Steinmeyer, 57 S. C, 
386; 35 S. E., 733. 

Ccmptroi 1 e r Scc. 408. In all cases where the penalty for non-payment 

General may r j 1 j 

remit penalties of taxcs has attached to property held by assignees in bank- 
in certain sr sr j j o 

cases. ruptcy and which could not be sold before the expiration of the 

G. s. 279; time fixed by law for the payment of taxes, and in all cases 

^898, XXI I.', where sales of property for the settlements of estates, for par- 
tition, for the foreclosure of mortgages, for the marshaling of 
assets, or for other purposes, ordered by any court in this State, 
have not been made in season for the payment of taxes due 
thereon, the Comptroller General, upon proper evidence there- 
of, may remit the penalties and costs which by law attach for 
non-payment of taxes, and may also grant a stay of the col- 
lection of taxes upon such property until such time as the same 
shall be sold. And in all cases where such property held by 
assignees in bankruptcy, or property ordered by any court in 
this State to be sold for any of the purposes above mentioned, 
cannot be sold in time for the payment of the taxes due or to 
become due thereon, the Comptroller General, upon proper evi- 
dence thereof, may authorize the collection of the taxes without 
costs and penalties and may stay the collection thereof until 
such time as the said sales shall be made : Provided, The stay 
of collection of taxes under this Section shall be only upon the 
written order of the Comptroller General, made in each case in 
duplicate, the original order to be issued to the County Treas- 
urer and permanently filed in his office and the duplicate order 
to be filed in the Comptroller General's ofiice, and shall state 
the title of the case and the order of sale by the court and the 
particular property upon which the collection of taxes is 
staved. 



OF SOUTH CAROLINA. 185 

A. D. 1902. 



Sec. 409. All personal property subject to taxation shall be ' •< ' 

liable to distress and sale for the payment of taxes, in the man- bifTo'^^distress 
ner hereinafter provided, and all real property returned de-|^fj j^^^'^g^^'^ 

linquent by the County Treasurer upon which the taxes shall l^ffi 

not be paid by distress or otherwise shall be seized and sold as^^g^ f^6;^ibj, 
hereinafter provided. seffisss^xx.; 

No exemption against execution for taxes. — Oliver v. White, i8 S. C, 241. _^' jg^Q xx' 

Sec. 410. If any chattel tax shall be unpaid at the time fixed ^^s- 
for the payment thereof by this Chapter, or returned delinquent, aia?1j"^ycov'^ 
as authorized by this Chapter, the County Treasurer may not^.r^'J^^^'^'^'''^^* 
only distrain property for the payment thereof, but may re- q s. 281; 
cover the same, with the penalties thereon, by action at law, ]|g2^ x vi^i.', 
proceedings in attachment, or other means authorized by law ^°~^' 
to be used by private individuals in the collection of debts, 
which action or other proceedings shall be prosecuted in the 
name of such Treasurer ; and if he shall die or go out of office 
before the termination of such action or proceeding, or the final 
collection of the rnoney, or any judgment or order therein, his 
successor or successors may, from time to time, be substituted 
as plaintiff therein. 

Sec. 411. If, after the return of any chattel tax by any Coun- wiiat steps 
ty Treasurer as delinquent, the County Treasurer shall know when owner of 
or be informed that the party against whom the same is charged fn'' an o^^t h et 
resides in some other County in this State, or has property or _^-." ^' 



debts due him therein, it shall be his duty to make out and for-R. s. sisi'ib.', 
ward to the Treasurer of such other County a certified state- '°^°' 
ment of the name of the party against whom such taxes are 
charged, of the value of the property on which such taxes were 
levied, the amount of the taxes and penalties assessed thereon and 
that the same are delinquent, to the aggregate of which taxes and 
penalties he shall add twenty-five per cent, as collection f ees,upon 
the receipt of which certificate it shall be the duty of the Treas- 
urer of such other County to collect such delinquent taxes and 
penalties, with the twenty-five per cent, collection fees as afore- 
said, for which purpose he shall have all the rights, powers and 
remedies conferred upon the Treasurer of the County in which 
such taxes were assessed, and be allowed the same fees for dis- 
traint and sale of property as if said taxes had been levied in 
his own County, and, upon collection made, may retain one- 
half of said twenty-five per cent, collection fees, and shall trans- 
mit the balance collected by him to the Treasurer of the County 
from whom he received such certified statement bv mail. But 




CIVIL CODE 



if the Treasurer to whom any such statement is sent cannot 
collect the amount therein named, or any part thereof, he shall 
return the same, so endorsed, with reasons for such non-collec- 
tion. 



ARTICLE III. 



Remedies axd Proceedings for Relief of Taxpayers. 



Sec. 

412. Collection of taxes not stayed 

by process of Court. 

413. Proceedings upon claim that 

tax is unjust or illegal ; pay- 
ment under protest and ac- 
tion against Treasurer, &c. 



Sec. 

417. Defense of actions against 

Auditors and Treasurers ; 
parties to, costs, &c. 

418. Measure of damages ; excep- 

tion. 

419. When Attorney-General de- 



414. Remedy thus provided exclus- fends. 



420. Levy and collections of tax to 
pay township bonds in aid 
of any railroad prohibited. 



ive ; mandatory and preven- 
tive process of Courts in- 
hibited, &c. 

415. What costs taxable. 

416. How taxes illegally assessed 

and collected may be re- 
funded. 

Collection of Scction 412. The collection of taxes shall not be stayed or 

taxes not stay- . " 

ed by process prevented bv any injunction, writ or order issued bv an}^ Court 

of Court. ^ ' '. "" 

—z — r or ludsre thereof. 

G. S. 171; ' => 

R- s. 3 3 9, Sec. 413. In all cases in which anv County, State, or other 

1082, X V 1 1., " " 

988, § 156. taxes are now or shall be hereafter charged upon the books of 
How to pro- any County Treasurer of the State against any person, and 

ceed m caseot ■ ■ o . j. 

claim that tax such Treasurer shall claim the payment of the taxes so charged, 

IS illegal. -^ - _ ° 

—^ — ^ — 68^ '^^ shall take any step or proceeding to collect the same, the 
R. s. 340; /fc- person against whom such taxes are charged, or against whom 
such step or proceeding shall be taken, shall, if he conceives 
the same to be unjust or illegal for any cause, pay the said taxes 
notwithstanding, under protest, in such funds and moneys as 
the said County Treasurer shall be authorized to receive by 
the Act of the General Assembly levying the same ; and upon 
such payment being made, the said County Treasurer shall pay 
the taxes so collected into the State Treasury, giving notice at 
the time to the Comptroller General that the payment was made 
under protest ; and the person so paying said taxes may at any 
time within thirty days after making such payment, but not 
afterwards, bring an action against the said County Treasurer 



OF SOUTH CAROLINA. 187 

A. D. 1902. 



for the recovery thereof in the Court of Common Pleas for the ^ v ' 

County in which such taxes are payable ; and if it be deter- 
mined in said action that such taxes were wrongfully or ille- 
gally collected, for any reason going to the merits, then the 
Court before whom the case is tried shall certify of record that 
the same were wrongfully collected and ought to be refunded, 
and thereupon the Comptroller General shall issue his warrant 
for the refunding of the taxes so paid, which shall be paid in 
preference to other claims against the Treasury : Provided, 
That the County Treasurers shall be required to receive jury 
and witness tickets for attendance upon the Circuit Courts of 
the State receivable for taxes due the County in which the said 
services are rendered. 

The right of action is given only to the person in whose name the taxes are listed, 
and not to one who afterwards purchases the property on which the lien exists. — 
DeSoto Gold Mining Co. v. Smith, 49 S. C, 188; 27 S. E., i. 

Sec. 414. There shall be no other remedy in any case of the no other rem- 
illegal or wrongful collection of taxes or attempt to collect one thus pro- 
taxes, or attempt to collect taxes in funds or moneys which the 



County Treasurer shall be authorized to receive under the ActR. 's.'^' 341; 
of the General Assembly levying the same, being other than lo^s! 
such as the person charged with said taxes may tender or claim 
the right to pay, than that herein provided. And no writ of 
mandamus shall be granted or issued from any Court, or by 
the Judge of any Court, directing or compelling the reception 
for taxes of any funds, currency, or bank bills, not authorized 
to be received for such taxes by the Act of the General Assem- 
bly levying the same ; and no writ, order, or process of any kind 
whatsoever, staying or preventing any officer of the State 
charged with a duty in the collection of taxes from taking any 
step or proceeding in the collection of any tax, whether such 
tax is legally due or not, shall in any case be granted by any 
Court, or the Judge of any Court ; but in all cases whatsoever 
the person against whom any taxes shall stand charged upon 
the books of the County Treasurer shall be required to pay the 
same in such funds and moneys as the said County Treasurer 
shall be authorized to receive by the Act of the General As- 
sembly levying the said taxes in manner and form as above pro- 
vided, and thereupon shall have his remedy under the provis- 
ions of the next preceding Section. 

The Courts cannot interfere with the collection of taxes. — State v. Treasurer, 
4 S. C, 520; State V. Gaillard, ii S. C, 309; Camblee v. Tribble, 23 S. C, 76. 
Otherwise as to assessment. — State v. Cromer, 35 S. C, 213; 14 S. E., 493; State 
V. Boyd, 35 S. C, 233; 14 S. E., 496; State v. Covington, 35 S. C, 245; 14 S. E., ■ 



i88 CIVIL CODE 

A. D. 1902. 

^--'■v'''*-^ Sec. 415. In any action brought under the provisions of the 
disbursements s^^*^ Scction, uo costs or disbursements shall be taxed or al- 

^"°^^^ - lowed in favor of either party, except for the service of pro- 

R ^s 34-' -^/b' ^^^^ ^^^ procuring the attendance of witnesses. 

Property er- ^^^' ^^^- ^^ ^^Y taxcs charged on any real estate be regularly 
turned^^^deHn- P^id, and such real estate be erroneously returned delinquent, 

^^^^^- ^and leased or sold for such taxes, the lease or sale shall be to- 

jj^'s.^' 3"73; tally void; or if any taxes shall be illegally assessed and col- 
102!'. "^ ^ ^ ^■' lected, when the same shall become known to the County Au- 
ditor, he shall, on demand of the party interested, submit the 
matter to the Comptroller General ; and if the Comptroller Gen- 
eral approve thereof, in writing, the amount paid by the pur- 
chaser at such void lease or sale, or the amount so illegally col- 
lected, shall be repaid to the party paying the same, out of the 
County treasury, on the order of the County Auditor; and so 
much of said taxes as shall have been paid into the State treas- 
ury shall be refunded to the County treasury, and the County 
Auditor shall retain the same in his next annual settlement, 
and charge the State therewith. 

Does not authorize repayment of tax paid on railroad bonds. — Carolina, C. G. & 
C. R. R. Co. V. Tribble, 25 S. C, 260. 

Expenses of Scc. 417. If any action be prosecuted against the County Au- 

all a c t i o n s 

against County ditor or County 1 rcasurcr for perf ormmg, or attempting to per- 
Auditor for of- form, auv dutv enjoined upon them by the provisions of this 

ficial acts to be "" " , ^ , . , . .,- „ , . j, 

paid out of Chapter, the result of which action will affect the interests oi 

^the County, if decided in favor of the plaintiff in such action, 

R. s. 344; lb.', such Auditor or Treasurer shall be allowed and paid out of 
the County treasury reasonable counsel fees and other expenses 
for defending such action, and the amount of any damages and 
costs adjudged against him, which fees, expenses, damages and 
costs, shall be apportioned ratably by the County Auditor 
among all the parties, except the State, interested in the revenue 
involved in said action; and if the State be interested in the 
revenue in said action, the County Auditor shall, immediately 
upon the commencement of said action, inform the Comptroller 
General of its commencement and of the alleged cause thereof, 
and the Comptroller General shall submit the same to the At- 
torney General, who shall defend said action for and on be- 
half of the State ; and if only some local levy made by town or 
other municipal authority be involved in such suit, such town 
or other municipal authority shall employ and pay counsel and 
all damages and costs recovered in such action ; and the County 



OF SOUTH CAROLINA. 189 

A. D. 1902. 



Auditor and Treasurer, or both, if both be sued, may, by peti- "•-'-v*-' 
tion, answer, or motion in Court, cause the town or other local 
or municipal authorities interested in the revenue involved in 
the action, to be made parties thereto (if not already parties), 
and the Court in which such action may be pending shall cause 
the town or other local or municipal authorities to be made 
parties to such action, and render judgment for any damages 
and costs which may be found in favor of the plaintiff against 
said town or other municipal or local authorities, and not 
against said Auditor or Treasurer. 

Sec. 418. In any action or proceeding against any County ^ ^^.^^^o^^^e^^y 
Treasurer in this State, for the purpose of recovering any prop- Treasurer ^ not 
erty or money alleged to have been erroneously or illegally ^^ai^^« °^ *^^^ 
assessed and collected as taxes, assessments, or penalties, unless —z g ~: 
the party bringing such action or proceeding shall make it ap-^- S- 345; ib. 
pear that a notice in writing of the claim on which such suit 
may be brought was given to said Treasurer in pursuance of 
the 413th Section of this Chapter, and unless it shall be made 
to appear that said Treasurer has proceeded contrary to the pro- 
visions of this Chapter, the amount recovered in such suit shall 
not exceed the value of the property or money aforesaid. 

Sec. 419. It shall be the duty of the Attorney General of the General shaii 
State to defend any suit or proceeding against any County county Treas- 
Treasurer, or other officer, who shall be sued for moneys col- officer sued for 
lected or property levied on or sold on account of any tax, Sf on^ny tax. 
when the Comptroller General shall have ordered such collector g. s. 318; 
to proceed in the collection of any such tax, after notice as 1882, xv 11.', 
aforesaid, or suit brought; and any judgment against such ^""^^^ 
Treasurer, or other officer, finally recovered, shall be paid in 
the manner provided in Section 417 of this Chapter. 

Sec. 420. No Board of Township Commissioners nor County Levy and coi- 

'^ -^ lection of tax- 

Board of Commissioners, nor any other officer or officers, to pay town- 

' •' snip bonds in 

shall assess or levy, and no .County Treasurer nor other officer aid of any raii- 

■^ ' -^ road prohibit- 

or officers shall collect, any tax for the payment of township ed^ 

bonds, or the coupons thereof, or judgments entered up thereon, 1899, xxiii., 
issued in the aid of a railroad : Provided, This Section shall not 
apply to those bonds issued in the aid of railroads that have 
been completed and finished through such townships as have 
issued such bonds, nor until such road shall have been accepted 
by the Railroad Commissioners : Provided, further, That the 
provisions of this Section shall not apply to Newberry County, 
or any part thereof, nor to bonds issued in aid of the Pickens 
Railroad Company by certain townships in Pickens County. 




CIVIL CODE 



ARTICLE IV. 



Enforced Collection of Delinquent Taxes. 

Sec. ' Sec, 

421. Treasurer issues execution to 427. Suspension of sale ; when and 

Sheriff ; form of. on what grounds ; evidence 

422. Fees and charges. waiver. 

423. Sheriff to seize, advertise and i 428. Return of execution and pay- 
sell property ; put purchaser 
in possession, &c. 

424. ^Yhen Auditor to buy for 



ing over money ; Sheriff's 
duties and how enforced ; 
penalty. 

Sinking Fund Commission ; | 429. Duplicate tax executions ; 

how titles to be made, &c. ! when issued. 

425. Sale of, use and occupancy of 430. Limitation of lien for taxes. 

municipal property. 

426. Sheriff's deed prima facie evi- 

dence of good title ; limita- 
tion of action. 

Section 421. Immediately upon the expiration of the time al- 
sues'^^execu'tioii lowed bv law for the payment of taxes in any year, the County 
form oi/^ ' Treasurer of each County shall issue, in the name of the State, 
R. s. 347; a warrant or execution in duplicate against such defaulting tax- 
f-62. ^' " " payer in his County, signed by him in his official capacity, 
directed to the Sheriff of his County or his lawful deputy, re- 
quiring and commanding him to levy the same by distress and 
sale of so much of the defaulting taxpayer's estate, real or per- 
sonal, or both, as may be sufficient to satisfy the taxes. State, 
school. County and special, of such defaulter, specifying therein 
the aggregate amount of all his taxes, as well as the amount to 
each fund; which warrant or execution shall run substantially 
in these words (ffiling the blank to suit each case), viz.: 

, Treasurer for the County of , 

to the Sheriff of County, or his lawful deputy : 

Whereas has been duly assessed the sum 

of dollars for defraying the charges of the 

State, school, County and special, for the fiscal year beginning 

November i, i . . . ., as follows, to wit : For the State, $ ; 

for public schools, $ ; for County, S : for special, 

$ ; which .... has neglected to pay : These are, therefore, 

in the name of the State, strictly to charge and command you^ 
to levy by distress and sale of the personal property, and if 
sufficient personal property cannot be found, then by distress 

and sale of the land of the said , the sum of 

dollars, together with dollars, the charges 

hereof; and for so doing this shall be your sufficient warrant. 



OF SOUTH CAROLINA. 




Given under my hand and seal this day of , 

A. D., I . . . . 

[L. S.] 

Treasurer of County. 

Execution should specify whether for capitation or property tax. — State v. Gra- 
ham, 2 Hill, 457- Need not specify subject of taxation. — State v. City Council, 
4 Rich., 286. Execution for taxes, in part illegal, not specifying amount illegal, 
is altogether void. — State v. Hodges, 14 Rich., 256. Personal property must under 
certain statutes be exhausted before land can be sold. — Ebaugh v. Mullinax, 34 S. 
C, 364; 16 S. E., 613; Curtis V. Renneker, 34 S. C, 468; 13 S. E. 664. But under 
late tax Acts the failure to exhaust the personalty does not necessarily defeat the 
title of the purchaser to the land. — Interstate B. & L. Ass'n v. Waters, 50 S. C, 
459; 27 S. E., 948. 

Sec. 422. The Treasurer for every such warrant issued shall chfr|el^ ^ ^ 
have from such defaulter $i.oo; and the Sheriff shall take from r. s. 348; 
such defaulter the following fees in the execution of his office, 51';' 1 889,' xx!! 
to wit: For serving each warrant, $1.00, besides mileage at the^'* ' 
rate of 5 cents for each mile actually traveled in executing the 
warrant ; for advertising sale, 25 cents ; for making sale and 
executing deed of conveyance, and, putting purchaser in pos- 
session, $3.00 ; and for all sums levied as aforesaid, five per 
cent. : Provided, That the printer's charges for advertising 
shall not exceed 50 cents for each tract of land and 25 cents 
for personal property, levied on under each execution, and the 
Sheriff is prohibited from demanding or collecting any greater 
sum therefor than is hereby allowed; and neither the Sheriff 
nor County Treasurer shall receive fees upon nulla bona re- 
turns. 

The Sheriif is not entitled to retain the 5 per cent, commissions, paid under 
protest to release property from an illegal levy. — Cleveland v. McCravy, 46 S. C, 
252; 24 S. E., 175. 

Sec. 423. Under and by virtue of said warrant or execution, sheriff to 

-' ' seize, advertise 

the Sheriff shall seize and take exclusive possession of so niuch^J^^'^.^^^^^p^°P; 
of the defaulting taxpayer's estate, real or personal, or both, as ';^^^^J^ '&c^°^' 
may be necessary to raise the sum of money named therein and j^^ ^ ~7 
said charges thereon, and, after due advertisement, sell the gg^^J-^ ■^^-^•' 
same before the court house door of the County on a regular 
sales day and within the usual hours for public sales, for cash, 
make title therefor to the purchaser complying with terms of 
sale, and annex to said title the duplicate warrant with endorse- 
ment thereon of his action thereunder, put the purchaser in pos- 
session of the property sold and conveyed, and after deducting 
from the proceeds of sale the amount of taxes and charges shall 
pay over the excess, if any there be, to the defaulting taxpayer, 
and the taxes so collected to the County Treasurer : Provided, g/^°^' ^^i^^' 




CIVIL CODE 



That the owner and any mortgage creditor, may within six 
months from the day of such sale redeem such real estate by 
paying the taxes, penalties, costs and expenses of said sale to- 
gether with eight per cent, interest. 

Section Constitutional. — State v. Allen, 2 McC, 55. Sale invalid, on day other 
than fixed by law. — Roddy v. Purdy, 10 S. C, 138; Dougherty v. Crawford, 14 
S. C, 628. Irregular sale, where no deed is delivered, gives no title. — Garlington 
V. Copeland, 32 S. C, 57; 10, S. E., 616. Lands listed as of unknown owner may 
be sold. — Gilliland v. Baptist Church, 33 S. C, 164; 11 S. E., 684. No homestead 
against tax sales. — Shell v. Duncan, 31 S. C, 547; 10 S. E., 330. But inchoate 
right of dower remains. — lb. Defaulting taxpayer can by ordinary action recover 
surplus proceeds from Sheriff.— State v. Turner, 32, S. C, 348; 11 S. E., 99. 

As to exhausting personalty before selling realty.- — See Ebaugh v. Mullinax, 34 
S. C, 374; 13 S. E., 613; Interstate B. & L. Ass'n. v. Waters, 50 S. C, 459; ^y 
S. E., 948. 

Mandamus will issue to compel execution of deed by the Sheriff on purchaser's 
complying with, bid.- — State ex. rel. Harley v. Lancaster, 46 S. C. 282; 24 S. E., 
198; or to compel delivery of possession. — State ex rel. Gibbes v. Morrison, 44 S. 
C., 470; 22 S. E., 605. Rule against Sheriff not the remedy. — Gibbes v. Morrison 
39 S. C, 360; 17 S. E., 803. Sale of entire tract not held not an excessive levy. — 
Wilson V. Cantrell, 40 S. C, 114; 18 S. E., 517. 

When Audi- Sec. 424. In case there be no bid equal in amount to the taxes 

tor to buy for ,. ., . ^ ai- 

Sinking jFund named m said warrant or excution, the County Auditor shall 

Comrniss ion; ,-,- „. y-^ ^ . . 

how titles to be buv the land for the Sinking Fund Commission, as the actual 

made, &c. ' , , ^ , , ^ r • 1 ^ 

purchaser thereof, for the amount of said taxes and penalties, 

costs and charges ; and the Sheriff shall thereupon execute titles 
to said Sinking Fund Commission, as to any other purchaser, 
and in the manner above provided, and shall put them or their 
authorized agent in possession of the premises. The land so 
sold and purchased and delivered to said Commission shall be 
treated by them as assets of the State in their charge, and be 
sold at such times and in such manner as by them shall be 
deemed most advantageous to the State. 

State V. Thompson, 18 S. C, 538; Owens v. Owens, 25 S. C, 155. 

1896, xxiL, Sec. 425. Whenever any taxes. State, County, school or 
township, hereafter may accrue upon any land or buildings, 
or portions thereof, or upon any other property of any munici- 
pal corporation by reason of said land, buildings or other 
property, or portions thereof, not having been used "exclu- 
sively for public purposes and not for revenue," and hereafter 
may become past due and unpaid, and it becomes necessary to 
collect the same by distress, then the Sheriff, whether acting 
under an execution from the Coiinty Treasurer or from the 
Secretary of State as agent of the Commissioners of the Sink- 
thM-kles'^m a"y ^"fe ^uud, shall, at pubHc sale, sell not the "fee," as in other 
and ocrapancy ^^^^^' ^^^ ^^^^ ^^ "usc" and "occupancy" of such portions of 
°a x^es^ whei/ ^^^*^ land, building or property of such municipal corporation 

how and for 
what term. 



OF SOUTH CAROLINA. 




as the same accrued upon, to that bidder who will for the 
shortest term pay the taxes, penalties, costs and charges accrued 
thereon; and at such sale to protect the interest of the State, 
if there be no cash bid equal to the taxes, penalties, costs and 
charges accrued thereon, then the said property, or portion 
thereof offered for sale, shall be knocked down to the Sinking 
Fund Commission for a term not exceeding ninety-nine years ; 
and it shall be the duty of the Sheriff to make titles for the 
term of years required by the bid to the purchaser, and put 
said purchaser (whether the Sinking Fund Commission or 
any other person) into possession in like manner as when the 
fee is by him sold for taxes. 

The use and occupancy for public purposes at the time of jic^pu/p'o ^"e''' 
levy or sale of any portion of property levied upon or sold "^e sl°ie. ^^^^^^ 
for taxes accrued by reason of same not having been formerly 
used "exclusively for public purposes and not for revenue" 
shall not defeat the remedy for collection provided in this 
Section. 

As to prior law see City of Columbia v Tindall, 43 S. C, 547; 22 S. E., 341. 

Sec. 426. In all cases of sale the Sheriff's deed of con- Sheriff's deed 

prima facte 

veyance, whether executed to a private person, a corporation evi d en ce of 
or the Sinking Fund Commission, shall be held and taken as Station of ac- 

tion. 

prima facie evidence of a good title in the holder, and that all 
proceedings have been regular, and all requirements of the law 
have been duly complied with. No action for the recovery of 
land sold by the Sheriff under the provisions of this Article, 
or for the recovery of the possession thereof, shall be main- 
tained unless brought within two years from the date of said 
sale. 

Courts must give tax title full statutory effect. — Coke v. Pennington, 7 S. C, 
387. But claimant must prove title. — lb., 15 S. C, 192. Tax deed prima faiie 
evidence. — lb.; Shell v. Duncan, 31 S. C, 347; 10 S. E., 330. Unless deed shows 
that sale was invalid. — Cooke v. Pennington, 15 S. C, 192. But it is not vitiated 
by failure to recite performance of prerequisites. — Shell v. Duncan; supra. Yet 
it may be defeated by showing lack of such prerequisites. — lb. Poole v. Evans, 57 
S. C, 79; 35 S. E., 436. The burden of proof as to defects is on the party attack- 
ing the deed. — Wilson v. Cantrell, 40 S. C, 114; 18 S. E., 518. Must be construed 
in connection with the following section. — Bull v. Kirk, 37 S. C, 395; 16 S. E., 151. 

Sec. 427. In case the taxpayer alleged to be in default after g^^^.^i'^^|'^^°| 
leA^y of distress as aforesaid shall allege that the taxes have °j. "un^r- ^e v i- 
been paid, or are unjustly assessed against him, he can and may'^^"'^^' waiver. 
have the sale suspended, if before the sale he offers satisfactory ;j,^-gg^-. j|||= 
evidence to the Sheriff that said taxes have been paid or im- ■^^■' ^^' ^ ^■ 
properly assessed against him, and within twenty days there- 

13.-C 



R. S. 351; lb. 



194 CIVIL CODE 

A. D. 1902. 



79 



after take such steps as are provided by law for correction of 
unjust assessment, or to prove payment, and prosecute the same 
to a successful result within a reasonable time. And in case 
such taxpayer offers no such proof, or fails to take the course 
herein provided, he shall be deemed in law to have waived all 
exceptions to the omissions, errors and irregularities (if any 
there be) in the assessment of said tax, and in all preliminaries 
to said sale as prescribed by law, and to have admitted that 
each and all preliminary steps to said assessment and sale, and 
said assessment and sale were in accordance with the require- 
ments of law. 
sheriffs Vs °to Sec. 428. The Sheriffs in the several Counties in the State,. 
subjectTd'con- ^^ making levies and sales, in making returns, and in paying 
troiier General! o^cr money collccted Under tax warrants and executions placed 
""^."s. 353; ^" their hands by County Treasurers, shall be subject to the 
1899, xxiii., (jjj-ection and under the control of the ComptroEer General 
of the State, as they are now in like manner to plaintiffs in 
execution ; and the Comptroller General is hereby invested with 
all the rights and privileges of a plaintiff in execution,, to invoke 
and obtain the aid of the Court to compel refractory Sheriffs to 
discharge their duties in the enforcement of tax executions ; and 
it is hereby made the duty of the said Sheriffs, respectively,, to- 
make return of all tax executions to the Treasurer of their re- 
spective Counties within ninety days after the date of issue 
thereof, designating such as may be 7mlla bona and such as may 
have been collected by distress or otherwise, and within the 
same time to pay over to the said Treasurer all taxes and penal- 
ties collected by them ; and the several County Treasurers shall, 
at the last term of the Circuit Court in each year for their 
respective Counties, deliver to the foreman of the grand jury a 
complete list of all tax executions delivered to the Sheriff for 
collection, and which have not been collected, and the grand 
jury shall examine the said list, and present the Sheriff for 
any default or neglect in the performance of his duties relative 
to the enforcement of such executions. And in case any 
Sheriff shall make default in paying over within the time afore- 
said any moneys collected on said executions, it shall be the duty 
of the County Treasurer, and he is hereby required, imme- 
diately to bring suit against such defaulting Sheriff in any 
Court of competent jurisdiction, in which suit such Sheriff 
shall be liable to treble the amount for which he has defaulted ; 
and in case of any loss resulting by reason of the failure of the 



OF SOUTH CAROLINA. I95 

, A. D. 1902. 

County Treasurer to perform the duties herein set forth, such 
Treasurer shall be liable therefor. 

As to disposition of nulla bona tax returns see Sec. 103, ante. i- ^ ^ . 

Sec. 429. When it shall be made to appear to the satisfaction |xecuU^o^ns; 
of the presiding Judge of the Court of Common Pleas for ^g^^ xxiii , 
any County in this State, by petition or upon due notice to the I'S. 
County Commissioners, that any tax execution heretofore 
issued, or which may hereafter be issued, by the County Treas- 
urer of County, has been lost, and that the amount due thereon 
has not been collected, either in whole or in part, to issue an 
order, directed to the Treasurer of said County, ordering and 
directing him to issue an alias or duplicate execution in the 
place and stead of the one which has been lost; and upon the 
receipt of said order, it shall be the duty of said County Treas- 
urer to immediately issue an alias or duplicate tax execution 
as directed in said order. 

Said duplicate or alias executions shall, by said County 
Treasurer, be marked "duplicate" or "alias" execution, and 
when so issued and marked, shall have the same force and 
effect as the original execution could or would have, if the 
same had not been lost. 

Sec. 430. All taxes hereafter levied or becoming due under "DupifcSe/'^ 
the laws of this State shall be conclusively presumed paid after l i e n s f q r 
ten years from the last date said taxes could have been paid ttn" ea'^-sTpro- 

without penalty: Provided, That this Act shall not apply to!!!^: — 

taxes for the collection of which the State shall institute judicial go.^^^' 
proceedings within the time limited above: Provided, further. 
That the State may bring suit in Court for back taxes any time 
within ten years from the date when they should be paid, 
whether they are on or off the tax books, and may bring suit 
in Court for any taxes which should have been paid before 
March 31st, 1899, at any time within ten years from the 28th 
day of February, 1899, whether on or off the tax books ; and on 
collection of such taxes they shall be distributed to the State, 
Counties and school districts to which they would have gone if 
they had been paid at the time fixed by the Act which levied the 
same : Provided, further. That except as to the conclusive pre- 
sumption after ten years of payment of taxes by taxpayer as 
herein provided, this Act shall in no way affect or impair the 
operation of Sections 102, 103 and 104. 




CIVIL CODE 



ARTICLE V. 
AxNUAL Settlements of County Treasurers. 

Sec. Sec. 

431. Settlement of Auditor with < 435. Day fixed for settlement. 

Treasurer ; when and how [ 436. Settlement sheets signed in 

made. duplicate ; by whom and 

482. Treasurer's remedy when where filed. 

charged with tax not in fact 437. Comptroller furnishes copies 

paid. of reports to County officials. 

433. Auditor notifies County Su- 43S. Irregularities, &c., reported to 



Court of Sessions ; by whom. 
439. Comptroller prescribes system 
of bookkeeping and exam- 
ines books. 



pervisors and County Super- 
intendent of Education of 
day of settlement : their at- 
tendance, and what they 
must produce. 
434. Auditor notifies Foreman of 
Grand Jury and Comptroller 
to be present to witness set- 
tlement. 

Auditor with Sectioii 431. Each County Auditor shall attend at his office, 
when and how On or before the first day of 3vlay, annually, or at any other time 

- — — the Comptroller General may direct, to make settlement with 

272; R.s. 362; the Treasurer of his County and ascertain the amount of taxes, 
I o 16,* I o 2 6; penalties and assessments collected bv such Treasurer and the 
S62. ' " amount with which he is to stand charged on account thereof 

' and on account of each fund for which a levy was made on 
the duplicates. The Auditor shall take from the duplicate 
previously put into the hands of the Treasurer for collection, a 
• list of all such taxes, assessments and penalties as such Treas- 
urer has been unable to collect, describing the property as de- 
scribed on the duplicate, and shall note thereon in a marginal 
column the several reasons assigned by the Treasurer why such 
taxes or other charges could not be collected, which list shall 
be denominated the delinquent list, and shall be signed and 
sworn to by the Treasurer, before said Auditor, who shall 
record the same in a book to be provided for the purpose and 
transmit an abstract thereof to the Comptroller General ; and 
in making such list, the delinquencies in each district, city, 
village and town shall be stated separately. And after deduct- 
ing the amount of taxes, assessments and penalties so returned 
delinquent, the Treasurer shall stand charged with the remain- 
der of the taxes, assessments and penalties charged on the du- 
plicate : Provided, however, That only the following causes 
shall be assigned by the Treasurer on said delinquent list for 
not collecting any tax, penalty or assessment, to wit : 



OF SOUTH CAROLINA. 




1. Sheriff's return to execution issued, that no sufficient 
property of the party charged therewith could be found, out 
of which to make the same. 

2. That property was found, but, for want of bidders, was 
sold and conveyed to the Sinking Fund Commission by the 
Sheriff, pursuant to law. 

3. Execution issued and in the hands of the Sheriff. 

4. That such taxes, assessments and penalties were enjoined 
by a competent Court. 

Sec. 432. If, in making such settlement, the Treasurer shall remedy ^^ when 
stand charged with any tax, assessment or penalty, which in ta^^'f^^ ^^ f^^^t 

fact was not paid prior thereto, he may at any time while re- p^"^- 

maining in office collect the same by distress and sale of prop- r.'^'s.^" 3 6^3 1 
erty, as in other cases of delinquent taxes, or by action in his J^^e', ^"^56^" 
own name, as for money paid for the use of the party or parties 
charged with or bound to pay said tax, penalty or assessment, 
and after going out of office he may maintain an action in his 
own name, as aforesaid, for the collection of such tax, penalty 
or assessment. 

Sec. 433. When the County Treasurers of the several Coun- fiet ciun'ty^sS-' 
ties shall have disbursed all the County and school funds of R^o^idVln°d 
each fiscal year, and are ready to make their settlements with m^ss°iolier^°™f 
their respective County Auditors for the County and school ment,°thdr 'it- 
taxes charged against them upon the Treasurer's tax duplicates, whatThe^y m^us't 
they shall so notify the County Auditors, whereupon the County produce, &c. 
Auditors shall notify the County Supervisors and County igfg.xx.^J^! 
Superintendents of Education of their respective Counties of xxl, 48i^§ f- 
the day of such settlement ; and the said County Super- 235^' ^^^^■' 
visors and Count}'- Superintendents of Education are here- 
by required to produce, in the office of the Auditor of 
their respective Counties, the claims allowed and ordered paid 
by them, and vouch thereby each amount presented by the 
County Treasurer for a credit in his settlement with the 
Auditor for the amount of County and school taxes which are 
charged against him on the Treasurer's duplicate for each year. 
The County Auditors and Treasurers shall annually have a 
full and final settlement as to tax executions issued by said 
Treasurers within twelve months after the expiration of the |^g'^"pj,*°/j^°*j; 
time allowed by law for the payment of taxes in any year. a n d'^^c'^o^p^ 

Sec. 434. It shall be the duty of the Auditor of each County J,';°J]|^t to wit^ 
to notify the foreman of the Grand Jury thereof and the J^"^^ settle- 
Comptroller General of the day upon which said settlement is q g JJj: 

1889, XX., 349! 

§4. 




CIVIL CODE 



to be made, and the Comptroller General, or some one duly 
authorized by him, and the foreman of the Grand Jury of each 
County are hereby required to be present and witness said set- 
tlements. 
Day fixed for ggg^ 435^ j^g (ja.v fixed for the settlement provided for in 

settlement. - '■ 

— — ^ ^two next preceding Sections shall be on or before the ist day of 

i889,xx 350! ]\^la,v, or as soon thereafter as the Comptroller General may 

§ 9; I 8 9 3, - ' ^ 

XXL, 401, § 7- appoint. 
Settlement Qqq 43g_ When Said settlements shall have been completed, 

sheets sign e a -^ _ 

b" t'^hom^ani^''^^ Settlement sheets shall be signed by the County Commis- 

where filed. ^ sioncrs and County Treasurers, the County Superintendents of 

R- s. 367; Education and County Treasurers, in duplicate and certified by 

the County Auditor; one copy of which shall be filed in the 

County Auditor's office and the other mailed to the Comptroller 

General, to be by him reported to the General Assembly. 

Comptroii e r ggg 437 j|- ghall bc the duty of the Comptroller General to 

furnishes -' -^ 

''o?trto°coun- ^'^^^^ ^^^^ y^^^ ^ ^°Py °^ ^^^ report containing such settlements 
ty officials. iQ ^i^g Clerk of the Court, County Commissioners, School Com- 
ib^' ^o Is ^'missioners and County Auditors of each County of the State, 

to be filed and kept by said officers in their several offices. 
Irregularities, ggg_ 433. jf jn the making of said settlement there shall be 

&c., reported to ° 

Court of Ses- discovcrcd any irregularities or violations of law by any of said 

sions;by jo j ■> 

whom. officers, the Comptroller General and the foreman of the Grand 

ih^' %'i ^^^'Jury shall report the same to the Court of General Sessions of 

the County where such irregularities or violations of law shall 

have been discovered. 
Comptroller ggg^ 439^ jj^g Comptroller General shall prescribe the sys- 

prescribes sys- '^ '^ _ 

tern of book- tgj^ Qf bookkeeping to be used in the offices of County Commis- 

k e e p mg and ir o j 

bookt ™ ' "^ ^ ^ sioners, School Commissioners, County Treasurers and County 
— ^ — ; Auditors of the State, so that the same shall be uniform ; and in 

R. S. 3 7 o; ' 

-fbv § 7- making his visit to witness the settlements herein required he 

shall examine the books of the said several offices and report the 
results of his examination to the General Assembly. 



OF SOUTH CAROLINA. 



TITLE IV. 




Article i. 
Article 2. 
Article 3. 
Article 4. 



Article 
Article 



CHAPTER XIV. 

Of the Militia. 

General Provisions. 

The Adjutant and Inspector General. 

Organization, election of Officers, &c. 

South Carolina Volunteer Troops in the City of 

Charleston. 
Arms, parade, drills, &c. 
Courts-Martial and Courts of Inquiry. 



ARTICLE 1. 



General Provisions. 



Sec. 
440 



Who subject to military duty ; 
who exempt. 

The Staff of the Governor. 

Of what the organized militia 
shall consist. 
443. Volunteer Troops and Na- 
tional Guard to be kept sep- 
arate ; how commanded 
when in active service. 

Number of companies limited. 

Term of service ; discharges, 
when and how granted. 

Muster-in rolls ; how made 
and disposed of. 

447. When and how officers may 

resign. 

448. Militia, when subject to ac- 

tive duty. 



441 

442 



444 
445 



446. 



Sec. 
449. 



450. 

451. 
452. 
453. 
454. 

455. 
456. 

457. 
458. 



When in active service, how 
organized, governed and 
paid. 

Duty to appear when ordered 
out. 

Uniform. 

Practice! drills. 

Report to Comptroller General. 

Reserves may be organized 
into companies. 

Distribution of militia. 

Commander-in-Chief, powers ; 
enlistment of men, &c. 

Rules and regulations. 

Appropriation for ; how dis- 
tributed. 



375; 



Section 440. All able-bodied male citizens between the ages who subject 
of eighteen and forty-five years residing in this State, and not duty; who ex- 
exempted by the laws of the United States, shall be subject — 
to military duty, and shall constitute the militia of this State, 
excepting : 

1st. All persons in the army or navy or volunteer forces of 
the United States. 

2d. Regularly ordained or licensed ministers of the gospel. 



20O • CIVIL CODE 

A. D. 1902. ~ 

^•^ »~V"*^ 3d. The Lieutenant Governor, members and officers of the 
General Assembly, the Secretary of State, Attorney General, 
Comptroller General, Commissioner of Agriculture, Superin- 
tendent of Education, State Treasurer, and clerks and employes 
in their offices, judicial officers of the State, including- Magis- 
trates, Clerks of the Court of Common Pleas, Sheriffs, Cor- 
oners, Constables, civil officers of the United States, ferryman 
employed at any ferry on a post road, and millers. 

4th. All persons entertaining conscientious scruples against 
bearing arms, practicing physicians, professors, teachers and 
students in colleges, academies and common schools. 

5th. Commissioned officers who shall have served as such in 
the militia of this State, or of any one of the United States, for 
the space of seven years, and by resignation after such term 
of service, duly accepted, or in some other lawful manner, shall 
have been honorably discharged. 

6th. Idiots, lunatics, paupers and persons convicted of 
infamous crimes. 

Ferrymen defined. — State v. Clarke, 2 McC, 47. As to aliens. — Ansley v. Tim- 
merman, 3 McC, 329. 

The Staff of Scc. 441. The Militarv Staff of the Governor shall consist of : 

the Governor. 



^ g „.The Adjutant and Inspector General, with the rank of Briga- 

?^ s. 376; i&.'dier General; also one Chief of Ordnance, one Chief Engineer, 

689, § 16; 1884, ' ° 

x\Tii., 920. one Judge Advocate General, one Quartermaster General, one 
Commissar}^ General, one Surgeon General, one Paymaster 
General — all of whom shall rank as Colonel ;. and as many 
Aides-de-Camp, not exceeding seven, with the rank of Lieu- 
tenant Colonel, as the Governor may deem necessary: Pro- 
vided, That in time of peace the duties of Chief of Ordnance 
and Quartermaster General shall devolve upon the Adjutant 
and Inspector General. 
Of _\vhat the Sec. 442. The organized militia of this State shall consist of 

organized m;li- " 

tia shall con- the Voluntccr Troops, composed of companies of white persons, 
— — ^ — :;"~and the National Guard, composed of companies of colored 
^00 ^v J? 7^ persons, the service in each being voluntarv. Thev shall be 

1882, X V I L, ^ "^ " ' . 

685, § 2. organized, respectively, into such divisions, brigades, regiments, 

and battalions, and, in addition thereto, such batteries of light 
artillery, and troops and squadrons of cavalry, as the Com- 
mander-in-Chief may deem expedient ; and nothing herein con- 
tained shall be so construed as to interfere with the power of 
the Commander-in-Chief in case of war or insurrection, or of 
imminent danger thereof, to order drafts of the militia, and to 



OF SOUTH CAROLINA. 201 

A. D. 1902. 



form new battalions, regiments, brigades, or divisions, as he ""*— v— ' 
may deem just and proper. 

Sec. 443. The organized militia, known as Volunteer Troops y^^^ n t e e r 
and National Guard, shall be kept separate, and for all pur-'^.'"g°^°jP,^j^^^'*'^ 
poses of parade, drills, musters, and encampments, they shall ke^pY'^separate! 
not be paraded together. In the event, however, of war, riot, ed'when Tn ac- 
or insurrection, or imminent danger thereof, where it may be ^'"'"^ service. 
necessary to call into active service both the Volunteer Troops -^^^ ^-^g^ j^; 
and the National Guard, the companies, regiments and brigades ^^^' ^ ^■ 
thereof shall be under the command of the senior officer of 
the Volunteer Troops then present. 

Sec. 444. The total number of companies of the Volunteer comp^'ies lim^ 

Troops and the National Guard shall not exceed one hundred. '^ 

In case of the disbandment of any company, its place may beR*^s fyg-^jb^] 
supplied on application to the Adjutant and Inspector General, ^^^f'g ^^^^^■' 
the nearest Division Commander of Volunteer Troops and the 
Governor approving. 

Sec. 445. All officers and privates of the organized militia T^rm of ser- 

^ " vice;dis- 

shall be held to service in their several companies, battalions, charges, when 

_ , ^nd now grant- 

regiments, brigades and divisions, until their resignations shall ^_^ 

have been accepted, or they shall have been regularly dis-^^G.^s. 3^38; 
charged. No discharge shall be granted until after one year's ^|82,x v 1 1., 
service, unless for good cause, approved by the battalion com.- 
mander, or, in case of unattached companies, by the brigade 
commander; and no member of any company shall be dis- 
charged from service until he has obtained the certificate of 
the commanding officer of his company that he has turned over, 
or satisfactorily accounted for, all property issued and charged 
to him. Discharges shall be signed by company commanders 
and approved by battalion and brigade commanders. 

Sec. 446. Muster-in rolls shall be made in triplicate, one of ^.^1^^=.^^;^^ 
which shall be retained at headquarters of the regiment. The ^^^^^^ ^f_^ '^'^" 
original shall be forwarded to the office of the Adjutant and ""gTs. 3.^9; 
Inspector General within ten days from any muster of men, ^g^^g^l^' ^^-^ 
and one roll shall be retained by the company commander. 

Sec. 447. Any officer desiring to resign his commission and ^i^°^f ""^^Ig^j 
be discharged, or any enlisted man desiring to be discharged f^^^l ^\ ^'^ed 

from the service, shall express his desire in writing, and trans- "p°"- 

mit the same to the Commander-in-Chief immediately, through j^*^- g^- 
and by all intermediate commanders, who will endorse thereon ^^oo. 
the recommendation in the case, and the resignation or dis- 
charge shall go into effect when accepted by the Commander- 



382; 

XXIII., 



202 CI\' IL CODE 

A. D. 1902. 



'' »• ' in-Chief, and not before ; but no officer shall be permitted to 

resign his commission while under arrest or under charges, nor 
until he has accounted for and delivered to the proper ofHcer all 
money, records, arms, accoutrements and other military prop- 
erty belonging to the State in his possession, 
to ^'ctivl"duty! ^^^' ^^- '^^^ militia shall not be subject to active duty ex- 
except when, ^gp^ -^^ zz.'&t. of war, or for preventing, repelling or suppressing 
jj*^-g ^-3^25; invasion, insurrection or riot, or of aiding civil officers in the 

1900, XXIII., execution of the laws, in which cases the Commander-in-Chief, 
370. ' ' 

or in his absence the Adjutant and Inspector General, shall 
order out for active service, by draft or otherwise, as many 
of the militia as necessity demands. 

How draft to be made. — State v. Lewis, 3 Hill, 310. As to substitutes. — State 
V. Wakeley, 2 X. & McC, 412. 

tivJse" vl c^e' ^^^' ^^* ^^'he'^ the militia are ordered out, or have volun- 
-overafd^rn'd Peered for, and while they are in active service, as heretofore 

p^'*^- specified, they shall be organized by the Commander-in-Chief 

R% ^8 .^/^^' into companies, regiments, brigades and divisions, and proper 

xviii ^456'officers appointed therefor. They shall be subject to the same 

§ ^- rules and articles of war as troops of the United States, and 

during their term of service be entitled to the same pay, rations 

and allowances for clothing as are, or may be, established by 

law for the army of the United States. 

When called upon as a military organization to aid any civil 
officer in the execution of the laws or preservation of the peace, 
each member of the militia so engaged shall receive the sum of 
one dollar and fifty cents per day, to be drawn from the State 
Treasury by the Adjutant and Inspector General on a warrant 
drawn by the Comptroller General, and disbursed by the Pay- 
master of the regiment, or Captain of any company not attached 
to a regiment. 

Duty- Sec. 450. Every member of the enrolled militia ordered out 

1894, XXI., -^vho does not appear at the time and place designated by the 
Commander-in-Chief, or his superior officer, or who does not 
produce a sworn certificate of physical disability from a phy- 
sician in good standing to so appear, or excuse for unavoidable 
Penalty for abscucc, shall be taken to be a deserter, and dealt with as pre- 

failure. _ ' _ _ _ ' ^ 

scribed by the militia laws of the State. 
Uniform. gec. 451. The uniform of the State \"olunteer Troops and 

R- |:„38s; iSTational Guard shall be the regulation fatigue uniform of the 

1900, XXIII., ° ° 

o7^- regular army of the United States. 

Sec. 452. Each company composing the State Volunteer 
Troops and National Guard shall be required to hold twelve 



OF SOUTH CAROLINA. 203 

A. D. 1902. 



monthly practice drills during each year, and quarterly reports ^— »"v^*-^ 
of said practice drills must be certified to by the Commander ^j.-^jj' ^ '^ **"= ^ 
and First Sergeant, or acting First Sergeant, and forwarded j^ 5 ^gg. 
through the regular military channels to the Adjutant and In-^^oo, xxtii., 
spector General ; and any company failing to hold said practice 
drills, or to make said quarterly reports, shall forfeit its right to 
share in the distribution of the annual appropriation m.ade by 
th^ State to promote the efficiency of the volunteer service. A 
Military Board, consisting of the Governor, the Adjutant and 
Inspector General, and three commissioned officers appointed 
by the Governor for a term of two years, shall constitute said 
Military Board, and whose duty shall be to divide and distribute 
the annual appropriation made by the State in support of the 
volunteer troops, as they may determine is best for promoting 
the efficiency of the service. 

Sec. 453. Within thirty days after the annual inspections in'^p^cto^cTn'^ 
are completed, the Adjutant and Inspector General shall be re- to ^comptroller 
quired to file with the Comptroller General a certified list of all _!!^f!iJ_!:Lfi 
companies that have passed inspection and been admitted into 1900, xxiii.', 
the active volunteer service, together with a certified statement, ^^^' 
signed by a majority of the Military Board, showing how the 
annual appropriation has been apportioned and divided, and the 
pro rata share of each company entitled thereto, whereupon the 
Comptroller General shall draw his warrants in accordance with 
said certified statements, and forward same direct to parties en- 
titled thereto. 

Sec. 454. The Governor may organize into companies such ^j^^^ qq^^^J^'j: 
of the reserve militia as in his judgment may be necessary ™j^^Q^p"^^jfj'/g^ 
where application for such organization may be applied for in r s 388; 
any County; and may also uniform, arm and equip them with 1889, xx., 282. 
such uniforms, arms and equipments as may be at the dis- 
posal of the Adjutant and Inspector General and not needed 
for the active militia of the State; but such companies shall 
not be entitled to any part of the appropriation provided for 
in the next preceding Section. 

Sec. 455. The organized militia of the State shall be dis- Distribution 

"^ _ of mihtia. 

tributed among the several Counties of the State as nearly equal — r — xxT 
as possible, and shall be recruited by volunteer enlistments. 833. 

Sec. 456. The Commander-in-Chief may transfer, consoli- . c o m^^jander- 

■^ ' in-Chief. 

date, muster out, disband, and make such other changes in the Jh^' — 

organization of the State militia, from time to time, as the best „ ,. , 

'^ _ '_ ' Enlistment. 

interest of the service may require. Enlistments therein shall 
be for two vears, re-enlistment after two vears' service for one 




CIVIL CODE 



Oath. 



or more years, and will be made by signing enlistment papers 
prescribed by the Adjutant and Inspector General, and by 
taking the following oath or affirmation, which may be admin- 
istered by any commissioned officer, to ^Yit : "You do solemnly 
swear (or affirm) that you will bear true allegiance to the 
United States and to the State of South Carolina, and that you 
will support the Constitution thereof; that you will serve the 
State of South Carolina faithfully in its military service for tlie 
term of two years, unless sooner discharged, or you cease to be 
a citizen thereof ; that you will obey the orders of the Com- 
mander-in-Chief and such officers as may be placed over you, 
and the laws governing the military forces of the State of South 
Carolina; so help me God." 

re^u'iatfons ^"'^ ^®^* ^^'^' ^^^ Commander-in-Chicf and the Adjutant and 
Inspector General and one of the Major Generals of the State 
militia are hereby authorized to make such rules and regu- 
lations from time to time as they may deem expedient, and 
when promulgated shall have full force and effect as the militia 
laws of the State. But the rules and regulations in force at 
the time of the passage of this Act shall remain in force until 
new rules and regulations are approved and promulgated. 

Appropriation. ggj,_ ^gg^ jj^^ following sum is hereby appropriated for the 
purpose of assisting companies composing the active militia 
to maintain their organization : Ten thousand dollars, to be 
distributed by the Governor and Adjutant and Inspector Gen- 
eral, and three other military officers of the State, who are to 
be appointed by the Governor, as they may think best for the 
interest of the militia of the State, to be paid on the order of 
the Adjutant and Inspector General, on the warrant of the 
Comptroller General. 



ARTICLE II. 



The Adjutant and Inspector General. 



Sec. 
459 



How and when elected ; term 
of office ; pay and rank of. 

460. Vacancy in office of, how 

filled. 

461. Reports of, to Commander-in- 

Chief. 

462. Duties of. 

463. Appoints Assistant Adjutant 

and Inspector General ; sal- 
ary of. 

464. Appoints Armorer ; salary and 

duties of. 



Sec. 

465. Appoints Ordnance Sergeant ; 

salary and duties of. 

466. May purchase materials for 

repair of arms, &c. 

467. May lend arms to military 

schools. 

468. Prepares and distributes 

forms, copies of militia law, 
&c. 

469. How company and regimental 

return made to. 



OF SOUTH CAROLINA. 




Section 459. There shall be an Adjutant and Inspector Gen- 
eral elected by the qualified electors of this State, at the same jj^gpJg"*^"*^,^^'^ 
time and in the same manner, and for the same term of ofhce as ^^^Jj^^^^^'^^'igJ'^ 
the other State officers. His compensation shall be fifteen hun- and salary of. 
dred dollars per annum, and his rank Brigadier General. j^ ^- g^- ||7; 

Sec. 460. If a vacancy occur in the office of the Adjutant ^^oo, xxiii., 
and Inspector General, whether from death, resignation, dis- vacancy in 
qualification or other cause, the Governor has the power to^{fg| °^' "^^^^ 
appoint some suitable person, who, on being duly qualified ac- q § ^^s, 
cording to law, shall be entitled to enter upon and hold the office ■^^ ^ji,'^^^^ ^^' 
for the unexpired term of the former incumbent, and shall be 
subject to all the duties and liabilities incident to the office, and 
receive the compensation provided by law for the Adjutant and 
Inspector General during his term of service. 

Sec. 461. The Adjutant and Inspector General shall reportto commander- 
annually to the Commander-in-Chief : '"" ^'^ ' 

1. A statement of all moneys received or disbursed by him r. s'. 39i;^ib.', 
since his last annual report. ^ ^' 

2. An account of all arms, ammunition and other military 
property belonging to the State, from what source received, to 
whom issued, and its present condition, so far as he may be in- 
formed. 

3. The number, condition and organization of the militia of 
the State. 

4. Any suggestion which he may deem of importance to the 
military interests and condition of the State and the perfection 
of its military organization. 

The said annual report shall be printed and laid before the 
Legislature for its information. 

The Commander-in-Chief may require special reports from 
the Adjutant General at any time, upon any matter connected 
with the duties of his office or with the military service of the 
State. 

Sec. 462. It shall be his duty — Duties of. 

1. To keep and preserve the arms, accoutrements, ammu- G. S. 330; 
nition and other military property of the State. el^^'? ^^^^' 

2. To keep on file in his office all rolls, returns and reports 
made to him. 

3. To authenticate with his official seal all papers issued from 
his office which by law may require authentication under such 
seal. 



2o6 CIVIL CODE 

A. D. 1902. 

^-»-v"^^ 4. To keep an account of all moneys received or disbursed 
by him. 

5. To issue all orders of the Commander-in-Chief relating to 
the militia, and to keep a record thereof. 
Assistant Ad- '^®^' ^^^' ^^ shall appoint an Assistant Adjutant and In- 
s'^ecror^Gener- spcctor General, who shall have the rank of Colonel, and whose 
ai; salary of. salary shall be twelve hundred dollars per annum. 

00' ^xxni' ^®^* ^^^' -^^ shall appoint an Armorer, who shall take 
377- charge of the State Armory and keep in order all the arms and 

j„o^PP.°^"s|ijfj.y ammunition therein, and whose salary shall be five hundred 
and duties of. dollars per annum. The Armorer shall be required to work 
*^-|- 394; ^^^b-. daily upon the public property in the State Arsenal or else- 
ess, §12. where, and shall be authorized to call for and obtain convict 
labor from the State Penitentiary to work at the said Arsenal 
whenever necessary, or to employ such labor at the Peniten- 
tiary in doing work on the State arms and equipments. The 
Adjutant and Inspector General may order the Armorer to any 
part of the State where his services may be needed. 
AppointsOrd- Scc. 465. He shall also appoint an Ordnance Sergeant, who 
geant? ^ fafary shall assist the Armorcr during the work hours of the day, 
and duties ol ^^ rcsponsiblc for the State property in the Arsenal, and shall 



R- s. 395;''/!! keep an account of the same, and of all receipts and issues; 
he shall be paid an annual salary of three hundred dollars, and 
shall be allowed to employ a night watchman to assist him, at 
a salary of one hundred dollars per annum, to be paid by the 
State. 
May pur- Scc. 466. He, with the consent of the Governor, shall have 

for^^repair'^'^of authority to purchasc any material or parts of guns or equip- 

arms^e^c^ mcuts which may be necessary to repair any of the State arms 

R. s". 396;'7b.'or equipments rendered unserviceable by breakage or wear; 

'^' and all bills for such shall be paid by the State Treasurer, on 

the warrant of the Comptroller General, out of any funds appli- 
cable thereto ; and he may also sell or exchange any military 
property of the State for the purpose of obtaining other arms, 
equipments or munitions more suitable to the wants of the 
militia. 
May lend Sec. 467. He may lend such arms and accoutrements as may 

fJrTsch'oofs"^^ not be needed for the use of the militia to any school or college 
R. s.~97Tof the State whose pupils are instructed in military tactics, on 

sr?,"^^'^' ^^^'the trustees or teachers of the same entering into bond for their 
safe keeping and return. 



OF SOUTH CAROLINA. 




G. S. 336; 

their f-,s^; 399; ^i'v 



Sec. 468. It shall be his duty to have the necessary forms 
prepared, printed and distributed to the commissioned officers ^ f^^P^'j^,^ ^^'^'^ 
of the organized militia. He shall also have the militia laws, ^^''^^j'jj^;J[=°jP^^^ 

and such forms, and so much of the rules and articles of warf^- 

for the government of the United States Army as he may de-K/^-g.^' 3^3: 
cide are applicable, published, and a copy thereof sent to each l^^^ §i4.'^^^'^' 
commissioned officer, which shall be held by him as property of 
the State and delivered to his successor in office. 

Sec. 469. On the fifteenth day of September in every year ^^^""^l^^^l 
each commander of a company shall make a return to the com- ^a^e to!^*"^"^ 
mandant of his regiment, with a muster roll of his command, 
and the number of men enrolled thereon, and of all 
arms, uniforms, equipments and ammunition, and condition of 
same. The commandant of each regiment shall make like 
return thereof, with a roster of its commissioned officers, to the 
brigade commander, within fifteen days thereafter, who shall 
make like return for his brigade, with a roster of its commis- 
sioned officers, to the division commander, who shall make like 
return, with a roster of its commissioned officers, to the Adju- 
tant and Inspector General, at Columbia, on or before the 
fifteenth day of October, annually. In the event of there being 
no division commander, then the brigade commander will trans- 
mit his return directly to the Adjutant and Inspector General. 
The Adjutant and Inspector General may order from each 
company additional returns at any period he may deem expedi- 
ent. Unattached companies, regiments or battalions will re- 
port directly to the Adjutant and Inspector General's office on 
or before the fifteenth day of October, annually. 



ARTICLE III. 
Organization — Elections of Officers, &c. 



Sec. 
470 
471 
472 



Division officers and staff. 
Brigade officere and staff. 
Regiments ; how composed ; 
officers and staff. 

473. Battalions, how composed ; of- 

ficers and staff. 

474. Meaning of terms "company," 

"regiment." 

475. Company of infantry ; how 

composed. 



Sec. 
476 



artillery ; how 



cavalry ; how 



Company of 
composed. 

477. Company of 

composed. 

478. If number of privates falls 

below minimum, no new of- 
ficers to be elected. 

479. Annual inspection ; when 

companies to be disbanded. 

480. How company may adopt by- 

laws. 



208 



CIVIL CODE 



A. D. 1902. 



Sec. 

481. Continuance of chartered 

rights recognized ; disband- 
ed companies excepted. 

482. United States Army regula- 

tions ; to what extent adop- 
ted. 

483. Militia officers ; how appoin- 

ted and commissioned ; pay 
of. 

484. Field officers, Volunteer 

Troops ; how elected. 

485. Rules and regulations to be 

made by the Adjutant and 
Inspector General, &c. 



Sec. 

486. How officers take rank. 

487. Staff officers ; by whom ap- 

pointed ; term of office. 

488. Commissioned officers may ad- 

minister oaths. 

489. Commanding officers may ar- 

rest any officer or private. 

490. Officers and privates ; when 

and how far exempt from 
arrest. 

491. Naval battalion constituted ; 

officers, their rank and pay ; 
other officers and their pay, 
&c. 



Division of- 
ficers and staff 



Section 470. There shall be to each division one Major Gen- 
G. S. 341; eral, with the following staff: one Adjutant General, one In- 
. . 400. . gpg^^Qj. Qeneral, one Ordnance Officer, one Judge Advocate, 
one Quartermaster, one Commissary, one Surgeon — all with the 
rank of Lieutenant Colonel ; and two Aides-de-Camp, with the 
rank of Major. 
Brigade of- Scc. 47L There shall be to each brigade one Brigadier Gen- 
staiT. eral, and the following staff : one Adjutant General, one In- 

G. s. 342; spector General, one Ordnance Officer, one Judge Advocate, 
'one Quartermaster, .one Commissary, one Surgeon, one Pay- 
master — all with the rank of Major, and one Chaplain, who 
shall be borne upon the rolls next the Surgeon, the two Aides- 
de-Camp, with the rank of Captain. 
Regiments Sec. 472. Regiments shall consist of not less than six nor 

and officers of ,,.,,,-,- 

^ more than twelve companies, and shall be entitled to the follow- 

G. S. 343 ; 

R. s. 402; ing field officers : one Colonel, one Lieutenant Colonel and two 



1900, 
378. 



XXIII, 



Majors, with the following staff: one Adjutant, one Judge 
Advocate, one Quartermaster, one Surgeon and one Paymaster, 
all with the rank of Captain, one Sergeant Major and one Quar- 
master Sergeant. 
B at taiions Scc. 473. Battalious shall consist of not less than two nor 

and officers of 

— - — r more than five companies, and shall be entitled to the following 

R. s. 403- field officers : if composed of four or more companies, one Lieu- 
Number 9f tenant Colonel and one Major; if of two and not exceeding 

companies m . . 

fi ij^^*'-j^'°>"i three companies, one Major; with the following staff officers: 

o^ one Adjutant, one Judge Advocate, one Quartermaster, one 

1882, XVII., Surgeon, and one Paymaster — all with rank of First Lieu- 
tenant; one Sergeant Major and one Quartermaster Sergeant. 
,, . . Sec. 474. The word ''company" may include battery and 

Meaning of sr j j 

term ",com- troop, and the word "regiment" may include battalion. 

pany, regi- -"^ '-' -^ 

ment." 

G. S. 345; 
R. S. 404; lb. 
691. 



OF SOUTH CAROLINA. 209 

^ A. D. 1902. 



Sec. 475. A company of infantry shall consist of not less '^^^'^^v^ ' 
than forty-eight nor more than ninety-two privates, four Cor- ^^^^^^^ " * '^ 
porals, four Sergeants, one First Sergeant, one Second Lieu- q_ 3. 346; 
tenant, one First Lieutenant and one Captain. fpoo.^xxfiL, 

Sec. 476. A company of artillery shall consist of not less than 378- 
sixty nor more than one hundred privates, four Corporals, four ^ j. ^ j u^^y 

Sergeants, one First Sergeant, two Second Lieutenants, one '^"'"pany- 

First Lieutenant and one Captain. r. "s. ' 406; 

Sec. 477. A company of cavalry shall consist of not less 3^3?' ^^ ' 
than thirty-six nor more than sixty privates, one Bugler, four cavairy com- 

Corporals, four Sergeants, one First Sergeant, two Second ^^"^' 

Lieutenants, one First Lieutenant and one Captain. r. 's. " 407 J 

Sec. 478. In case the number of privates in any company 3^3°' ■^^"^•' 
falls below the above minimums, then the regimental and if number 
brigade commanders may prohibit the appointment or election f ^ Vs' ""below 
of any new commissioned or non-commissioned officers, which "ew™fficers to 
would give the company a greater ratio of officers than is above _!J!_!ilJ 

.J J G. S. 3491 

provided. r. s. 408; lb. 

Sec. 479. There shall be held once in each year an inspection ^ inspection of 

■^ State troops. 

of troops and military property in every County of the State; — ^— ^ — 

and all companies of infantry and artillery producing less than R- S. 409. 
forty officers and men, and cavalry companies producing less 
than thirty officers and men, present and in good condition for 
service, shall be disbanded. 

Sec. 480. Any company of the organized militia may, by a How com- 
vote of two-thirds of its members, form by-laws, rules and adopt by-iaws . 
resfulations, not inconsistent with this Chapter, for the govern-^ G. s. 351; 

* ° R. S. 410; lb. 

ment and improvement of its members in military science and 
discipline; and such by-laws, rules and regulations shall be 
binding; but they may be altered from time to time, as may 
be found necessary. 

Sec. 481. Nothing in this Chapter shall be construed so as to Special rights 

& jr and privileges 

annul, abridge, or interfere with rights or privileges granted of ^^^companks 
by special Act or by charter passed previously for the benefit of ^ot^'^jnt^rfered 

any organization now in existence : Provided^ That any com- ^2},^ 

panics which have been disbanded, or may be hereafter dis- ^^ g. s^-^ 35^2; 
banded, shall not be entitled to enjoy any military rights 
granted by charter or Act of incorporation. And all Acts or 
parts of Acts granting such military rights to companies so dis- 
banded are hereby repealed. 

Sec. 482. The rules and articles of war, and general regula- 
tions for the government of the army of the United States, so 

14. — C 



2IO CIVIL CODE 

A. D. 1902. 



R. S. 



^~'*'^~^'^~'' far as they are applicable, and are not inconsistent with the 
A?tTc^fes*^f Co^^ti^^^io^ ^^^ ^^ws of this State, shall apply to the govern- 
the^miHtii^ *°ment of the organized militia of this State; but no punish- 
G. s. -153; "^^"^ under such rules and articles which shall extend to the 
^82^ ^" x-\fii.| taking of life shall in any case be inflicted, except in time of 
^''^- actual war, invasion, or insurrection, declared by proclamation 

of the Governor to exist, and then only on the approval, by the 
Commander-in-Chief, of the sentence inflicting such punish- 
ment. 

Sec. 483. All ofificers of the militia (except as otherwise pro- 
how Appointed vided) shall be appointed and commissioned by the Governor, 
move(L°^ ''^' and shall hold office for two years from date of commission. 
G. s. 355 ; Commissioned officers of the State volunteer service may be 
1900, 'xxfif.', removed from office only by verdict of court-martial, but may 
^^^' be suspended by the Commander-in-Chief, pending said court- 

martial and until verdict is rendered. 

Sec. 484. All field and line officers of the State Volunteer 
line o^ffice^rs Troops and National Guard shall be elected by the active mem- 

f-!f!! IZ^^bership of their respective companies, battalions and regiments. 

1900; xxfii.', The order for said elections shall be issued for the Adjutant 
^^^' and Inspector General through and by all intermediate com- 

manders, and three managers of election for each company shall 
be appointed and duly sworn to conduct said elections. The 
said managers to be appointed by commanders of companies, 
and the vote taken by ballot. Returns of said elections, duly 
signed and sealed by the managers, together with the ballots 
and tally-sheets, shall be forwarded direct to the Adjutant and 
Inspector General, who will at once announce, through general 
orders, the results of said elections as shown by said returns ; 
and any notice of contest or protest must be made within five 
days from day of election to the Adjutant and Inspector Gen- 
eral, whose decision *in such cases, when rendered by him and 
sanctioned by the Governor, shall be final. 
Sec. 485. The Adjutant and Inspector General, with the ap- 
Ruies andproval of the Commander-in-Chief, is hereby authorized to 

make such rules and regulations from time to time as he may 

1900," xxiii.^deem expedient, and when promulgated shall have full force 
and effect as the militia laws of the State. But the rules and 
regulations in force at the time of the passage of this Act shall 
remain in force until new rules and regulations are approved 
and promulgated. 



OF SOUTH CAROLINA. 211 

— A. D. 1902. 



Sec. 486. Commissioned officers shall take rank according " -^ 
to the date of their commission, and when two of the same tak^°^n°if '^"^ 
grade bear an even date, the date of previous commission shall q_ s_ ^60; 
govern; and if these also be of even date and equal rank, then^^g^- ^iS; -^^• 
the rank shall be determined by lot, drawn before the com- 
mander of the brigade, regiment, battalion, company or de- 
tachment. Nothing in this Chapter shall be construed so as to 
vacate the ofifice or change the rank of any officer now holding 
commission in the organized militia. 

Sec. 487. Staff officers shall be appointed by the commanders bf ^^'whom'^^ap- 
of the respective regiments, brigades and divisions, subject to^^'office. *^™ 
the approval of the Governor, and shall continue in office until q 5. 361; 
resignation or removal. fssf,' ''xviii'.', 

Sec. 488. Any commissioned officer shall have authority to'^^''' ^^' 
administer oaths to military persons, when such may be neces-ed^^S-s^may 
sary; and the same penalties shall attach to false swearing in o^tS.* '^ '^ ^^"^ 
such cases as are now provided by law in case of perjury. q. s. 362; 

Sec. 489. All commanding officers of companies, regiments, 694^ uu' ^'' 
brigades or divisions shall have power to place in arrest any commanding 
officer, and order in confinement any non-commissioned officer arresT^n^ of^ 
or private, who may be under their command ; and persons in private 

arrest or confinement must not bear arms during the con-R. s. 42'i;^7&.l 
tinuance of such arrest or confinement. 

Sec. 490. No officer, non-commissioned officer or private Officers and 

privates when 

shall be arrested, except for treason, felony or breach of the and how far 

exempt from 

peace, while going to or returning from, or attendmg upon, any arrest, 
military duty, court-martial or court of inquiry which it is his G. s. 364; 

■tv. o. ^22\ lb, 

duty to attend. §43- 

Hickman v. Armstrong, 2 Brev., 176; Gregg v. Summers, i McC, 461; Kirk- 
patrick v. Irby, 3 McC, 205; Hunter v. Hunter, i Bail., 646. 

Sec. 491. There shall be allowed, in addition to the com- Naval Bat- 
talion consti- 

panies of the Volunteer Troops of the State of South Carolina tuted. 



as now provided by law, not more than four companies of R- Jj^j^^^; 
Naval Militia, which shall constitute a battalion, to be known 
as the Naval Battalion of the Volunteer Troops of South Caro- 
lina. 

The officers of this battalion shall consist of a Lieutenant officers, and 

their rank ana 

Commander, who shall be appointed by the Governor, and pay- 
whose rank and pay shall assimilate to that of a Major of in- 
fantry, and a staff, to consist of one Adjutant, one Ordnance 
Officer, one Paymaster, who shall be the mustering officer, and 
one Surgeon, each with the rank of First Lieutenant. They 



212 



CIVIL CODE 



A. D. 1902. 



"""■^'^ ' shall be paid the same as battalion staffs in the Volunteer 

Troops. There shall also be attached to the staff the following 

Petty officers, petty officers : one Master-at-Arms, two Yeomen, one Hospital 

Steward, one Chief Bugler, who shall receive the same pay as 

the non-commissioned staff of a battalion of infantry. 

To each company there shall be one Lieutenant Commanding, 
two Second Lieutenants, two Ensigns, to receive the same pay 
as Captain, First and Second Lieutenants, respectively, of in- 
fantry ; two Boatswain's Mates, two Gunner's Mates, two 
Coxswains, two Quartermasters, and forty-four seamen. All 
enlisted men of companies shall receive the pay of enlisted men 
of companies of infantry of the Volunteer Troops. 

The Naval Battalion shall be uniformed as the Commander- 
in-Chief shall direct, out of any appropriations for uniforms 
instructio n s ^^ supplics for the Voluutccr Troops or Naval Militia, and shall 
ois."^^^"'^ be instructed as he may direct, and be subject to the laws and 
regulations governing the Volunteer Troops. The duty re- 
Duty afloat, qi^ij-ed by law may be performed afloat. 



Company of- 
ficers. 



Pay of 
listed men. 



Uniform. 



ARTICLE IV. 

South Carolina Volunteer Troops in the City of 
Charleston. 



Sec. 



492. Board of Field Officers of, a 
corporation ; rights, powers 
and privileges of. Proviso 
as to Marion Square. 



Sec. 

493. Annual tax for benefit of 
companies of said troops ; 
how levied, collected, dis- 
tributed and applied. 



Fourth bri- Scctioii 492. The corporations heretofore known as the 

gade — corpora- 

tion of, pow- "Board of Field Officers of the Fourth Brigade, South Carolina 

ers and pnvi- '-' 

leges of, &c. Militia," and subsequently as the "Board of Field Officers 
^ G. 3. 365; Fourth Brigade, South Carolina Volunteer Troops," shall here- 
^80°' '^•^^■^^' after be known and styled "The Board of Officers of South 
Carolina Volunteer Troops in the City of Charleston" ; and 
shall consist of the Major or other officer in the City of Charles- 
ton commanding the troops hereafter mentioned, and the com- 
manding officers of the following companies now forming a 
part of the Volunteer Troops of the State of South Carolina 
within the limits of the City of Charleston, to wit : the German 



OF SOUTH CAROLINA. 213 

A. D. 1902. 



Citadel Green. 



Fusileers, Irish Volunteers, Washington Light Infantry, Ger- 
man Artillery, Lafayette Artillery, Sumter Guards and Pal-- 
metto Guard, and of such one or more of them as shall continue 
to exist as such. 

The said corporation, so composed, shall continue to be, and 
shall be, a body politic and corporate, for the purpose of holding 
all property, both real and personal, now owned or hereafter to 
be acquired by the said corporation, for the benefit of the com- 
panies hereinbefore designated. 

The said corporation, so composed, shall continue to take, 
purchase and hold property, both real and personal, for the 
benefit of the companies hereinbefore designated, and the same 
to pledge, sell and transfer from time to time, on such terms 
and under such conditions, and subject to such regulations as 
may be prescribed by said corporation. That all of the prop- 
erty, real and personal, choses in action and assets of the cor- 
poration created by the Act of January 4th, 1894, and its pre- 
decessors, is hereby vested in the corporation hereby created 
as the successor of the said several corporations : Provided, 
however, That the property known as Marion Square, other- 
wise called the Citadel Green, now vested in said corporation 
as constituted by this Article shall forever be kept by it as a place 
for the military exercises of the companies hereinbefore desig- 
nated : And Provided, further. That the Corps of Cadets of 
the State Military Academy shall have the right to use the 
said Marion Square, otherwise called the Citadel Green, as a 
place for military exercises and recreation, under such regula- 
tions as may be prescribed by the Board of Visitors thereof. 

The said corporation, hereby created, shall have a common 
seal, and shall have the right to sue and be sued in the Courts 
of this State. 

The said corporation, hereby constituted, is hereby declared, in^'^''%°orporl- 
recognized and confirmed as the successor of the original cor- ^°^^ confirmed. 
porators ; and all acts done by them, or by any persons heretofore 
acting as successors of said original corporators in their cor- 
porate capacity as Field Officers of the Fourth Brigade, in 
their said several corporate capacities, are hereby confirmed. , ^b^^^i ^^^ 

Sec. 493. The County Board of Commissioners of Charleston companies of 

. Brigade, &c., 

County are hereby authorized and directed to levy an annual^o^ levied, 

•^ ^ ■' collected, ais- 

tax of one-eighth of one mill on all the taxable property in the ^'"''^j^*^'^ ^^^ 
City of Charleston, the same to be collected by the County ^^^^ ^^^^ 
Treasurer of Charleston Countv, for the benefit of, and to be i^S; §47; 1893, 

- ' XXI., 481; 

1900, XXIII., 

380. 



214 

A. D. 1902. 



CIVIL CODE 



paid over to, the Board of Officers of the South Carolina Vol- 
unteer Troops in the City of Charleston. The funds arising 
from the said lev}' shall be distributed by the said Board among 
the companies of the said South Carolina Volunteer Troops in 
the City of Charleston, and the Charleston Light Dragoons, 
in proportion to the average attendance at such drills and pa- 
rades as may be designated by the said Board. The moneys 
thus appropriated shall be expended by said companies only 
for the purchase of arms, ammunition, equipments and uniform, 
and for such other expenses as may be necessary for the mili- 
tary efficiency of the said companies ; and the company com- 
mander shall, on the fifteenth day of September of each year, 
make a full report of the said expenditures to the commanding 
officer of the said South Carolina Volunteer Troops in the City 
of Charleston, who shall forward the same to the Adjutant 
and Inspector General : Provided, That one-tenth of the amount 
collected by the said levy shall be paid by the said Board to 
the commanding officer of the National Guard in the City of 
Charleston, to be by him distributed to the companies of his 
command in the City of Charleston the commanders of which 
for the companies of the South Carolina Volunteer Troops in 
the Citv of Charleston. 



ARTICLE V. 



Arms, Parades, Drills, &c. 



Sec. 



494. Organized companies to be 

furnished with arms, &c. 

495. Duty of oflScers respecting 

arms. 

496. Regulations as to arms, &c., 

in hands of unauthorized 
persons, &c. 

497. Rewards for restoring arms, 

&c. 

498. Officers receiving arms ac- 

countable for them. 

499. Parades, drills, &c. ; how and 

when ordered. 

500. Penalty for non-attendance, 

&c. 

501. Powers of commanding ofBc- 

ers at. 

502. How summoned to, ordinarily. 



Sec. 

503. Company officer may without 

warrant call out his com- 
pany. 

504. Verbal warning on parade, &c, 

when sufficient. 

505. Regimental and battalion of- 

ficers ; how summoned. 

506. Orders read on parade, when 

sufficient warning. 

507. Officers may be ordered to 

meet for instruction and 
drill. 

508. Persons going to drill, &c., 

exempt from toll. 

509. Officers absent from parade, 

&c.. to be reported and 
court-martialed. 



OF SOUTH CAROLINA. 




Section 494. Each regularly organized company of the militia 
shall be furnished by the State with such arms and equipments companies^^\^o 
as are required, upon the written requisition of the command- ^f^j^ arms^l^a 
ing officers of such companies respectively, approved by the q §. 366; 
regimental commander. The arms and equipments so ^^T^-fis2,^'x4ii'', 
nished, together with all other military property which may ^^5" ^'^=- 
be furnished to any organization of the militia, shall continue 
to be the property of the State, to be used for military pur- 
poses only, and to be returned whenever called for by proper 
authority. 

Sec. 495. Any officer who shall receive, according to the acers ^ respect- 
provisions of this Article, any arms, equipments or other mili- . 



tary property from the State shall distribute the same to his r. s'. 427 -,^11.', 
command as he may deem proper, taking vouchers therefor ; "^ ' 
and he shall require those to whom they are distributed to 
return them at such time and place as he shall order and direct. 
Every officer, non-commissioned officer and private of any com- 
pany of the militia to whom any arms, equipments or other mili- 
tary property shall be so delivered shall be held personally re- 
sponsible for its care, safe-keeping and return. He shall use 
the same for military drills, parades and musters only ; and 
upon receiving a discharge, or otherwise leaving the military 
service, or upon the demand of his commanding officer, he 
shall forthwith surrender and deliver up the said arms and 
equipments, together with all other military property that may 
be in his possession, to the said commanding officer, in as good 
order and condition as the same were at the time he received 
them, reasonable use and ordinary wear thereof excepted. 

Sec. 496. The Governor shall call in all arms, equipments Regulations 

1 • • 1-1 • 1 1 1 r as to arms, 

and munitions which are m the hands of any persons not au- &c., in hands 

. , r^ .of unauthoriz- 

thorized by law to hold the same. Any officer, non-commis- ed persons, &c. 

sioned officer or private who shall, contrary to the lawful order g. s. 369; 
, ,, i: . • • 1 • • 1 R- s- 428; lb., 

of the proper officer, retain m his possession or control any 696, §48. 

arms, equipments or other article of military property belonging 
to the State, or who shall willfully or maliciously destroy or 
injure any such property, or who shall, when not on duty, use 
or wear any such property without permission of his command- 
ing officer, shall be tried by court-martial and punished as here- 
inafter provided. Whenever such military property shall be 
found in the custody or possession of other persons, without 
right, any commanding officer may take possession of the same. 
Sec. 497. In order to facilitate the collection of arms and 



2i6 CIVIL CODE 

A. D. 1902. 

^^"^-v-""^ military property of the State, the Governor is authorized to 
res^orin^'arms'^ ^^^^^'^ ^^^ fohowing sums for the restoration of such property, 

^ to wit : For every Remington rifle, 50 cents ; for every Win- 

R s' 420 -^ib ' ^^^^^^^ rifle, $2.00; for every set of equipments, 10 cents; for 
696, §49- every hundred rounds ball cartridges, 10 cents : Provided, 
That such arms are not returned by any legally organized body 
of troops to whom they were issued. 
ceivin""arms ^^^' ^^^' -^^J officer receiving public property for military 
them""^'^^^^ ^"'^ ^^se shall be accountable for the articles so received by him, 
Q S g^j.and shall not be discharged or allowed to resign from the ser- 
697f'§so?' ^^'vice until he has returned to the Adjutant and Inspector Gen- 
eral a receipt from his successor in command, or a proper ac- 
counting officer, for the articles issued to him, in good order 
and condition, or has shown to the Adjutant and Inspector 
General, by satisfactory proof, that any article not so accounted 
for has been properly expended in the service or injured, lost or 
destroyed without any default or neglect on his part ; or if lost 
or willfully injured or destroyed through the misconduct of any 
person, that reasonable efforts have been made by him to re- 
cover or prosecute for the same. In addition he shall be liable 
to make good to the State all such property so injured, lost or 
destroyed by any neglect or default on his part, and for the 
recovery of which he has made no reasonable effort, 
in ^aS''%ea°/ ^^^' ^^^' Commaiidcrs of companies shall cause their com- 
^G s ^"P^'^^^^ t° parade not less than once in each year; in addition 
R. s. 431; ib.^Q such parades, they shall order company drills not less than 
twelve times each year. Regimental, brigade and division 
commanders may order out their respective commands, or any 
part of them, for parade, drill, review, or inspection, at such 
times and places as they may deem most convenient. The 
Commander-in-Chief may order reviews or encampments of 
such portions of the militia at such times and places as he shall 
deem proper. 

See Section 452. 

Punishment gcc. 500. No offlccr, nou-commissioned officer, or private, 

for not attend- ' ' i- ' 

^g^ shall fail in repairing at the time fixed to the place of parade, 

R s' ^'a-^/b'*^^^^^' °^ other rendezvous appointed by his commanding officer, 
if not prevented by sickness or some other evident necessity, or 
shall go from the said place of rendezvous without leave from 
his commanding officer, before he shall be regularly dismissed 
or relieved, on the penalty of being punished, according to the 
nature of his offence, by the sentence of a court-martial. 



OF SOUTH CAROLINA. 217 

A. D. 1902. 



Sec. 501. The commanding- officer at any parade or drill may ""—^N'^'"^ 
cause those under his command to perform ^^y ^, ^^^j^^^^^^^j °* 
field or camp duty he shall require; and, also. "^^^'"^ ^^- 
may put under guard, for the day or time of j^/^-g_^- |74, 
continuing such parade or drill, any officer, non-com- ^^^f' xvii., 
missioned officer, or private, who shall disobey the order of 
his superior officer, or in any way or manner interrupt the ex- 
ercises of the day. He may ascertain and fix the necessary 
bounds and limits to his parade ground (no road on which peo- 
ple usually travel, or more than one-half the width of any street, 
to be included), within which no spectator shall enter without 
leave from such commanding officer ; and whoever intrudes 
within such limits, after being forbidden, or in any way or man- 
ner interrupts or molests the orderly discharge of duty of those 
under arms, may be confined under guard during the time of 
such parade or drill. 

Sec. 502. For the purpose of notifying the non-commissioned 
officers and privates for any parade, drill, or other rendezvous, moneTto.^"*" 
the commandant of each company shall issue his orders, either ' g. s. 375; 
by warrant or otherwise, to one or more of his non-commis- ^gg^" ^^'^' "^^" 
sioned officers or privates, requiring them, respectively, to warn 
all the officers, non-commissioned officers, and privates of his 
company to appear at the time and place appointed, armed and 
equipped according to law and regulation. Each non-commis- 
sioned officer or private to whom such order shall be given, shall 
give notice, either verbally or in writing, of such time and 
place to every person whom he is ordered to warn ; or, in case 
of his inability to find such person, he shall leave a written no- 
tice at his usual place of abode or business, with some person of 
suitable age and discretion, or shall send the same to him by 
mail. The return of such non-commissioned officer or private, 
so sworn to, shall be as good evidence on the trial of any person 
returned as a delinquent of the facts therein stated, as if such 
non-commissioned officer or private had testified to the same 
before the court-martial on such trial. 

Sec. 503. Any commissioned officer of a company may, with- 
out warrant, warn anv or all of the members of his command^ Company of- 
ficer may with- 

to appear at any parade, drill, or rendezvous. Such warning°^t ^^f^hi* 
may be given to them either personally or by leaving a notice, company. 
or sending by mail, in the same manner as if given by a non- ^^ '^- ^- .3j6; 
commissioned officer, and his certificate shall be received by 
any court-martial as legal evidence of such warning. 



2i8 CIVIL CODE 

A. D. 1902. 



^"''^"' See. 504. When a company is paraded, or assembled for any 

panjM5^on pa- other purpose, the commanding officer may verbally warn the 
sembiedT sum- ^^^^^ ^o appear on some future day, and not more than thirty 
Tu r\ ^parade ^^.js f rom such time, which shall be sufficient notice as respects 
no7 i^ b"'be' the persons present ; and a record of the names of the officers 
day^.^ *^^^*^and privates then present, signed by such commanding officer, 

G. s. 377; shall be sufficient evidence of such warning. 
1882, XVII.', Sec. 505. The officers and non-commissioned staff officers of 
^^^' each regiment or battalion shall be warned to attend at any 

be summoned parade or drill in the same manner as is prescribed by law for 
mode as ^ pTi^ the Warning of the privates of any company; and the command- 

vates. 



— ing officer of each regiment or battalion may designate and 
R. s'. 437 ;^ib.', order any or all of the non-commissioned staff officers of the 
^^' regiment or battalion to perform that duty, who shall make re- 

turn thereof to the commanding officer or adjutant of the regi- 
ment or battalion, in the same manner and under the same pen- 
alty for delinquencies as are by law imposed on non-commis- 
sioned officers or privates of companies for similar delin- 
quencies, 
gade and'regi- Sec. 506. All Commanding officers of regiments, battalions, 

mental orders . , 1 -n 1 t • ■ 1 • 

may be read or compamcs may, on any parade or drill, read division, bri- 

'■ — gade, or regimental orders, and notify the officers and soldiers 

R. s. 438; 'ib'.oi their several commands to appear as by such orders required, 
which notice shall be a sufficient warning to all persons present. 
n o n -"cf omm?s- Scc. 507. The Commanding officer of any division, brigade, 
may^ be °orde" regiment, or battalion, may require the commissioned officers 
tion^and^drHL and non-commissioued officers of his command to meet for in- 
G. s. 38o;Struction, exercise and improvement, at such times and places 
■ '^^^' "as he shall appoint; and he may require them to appear with 
such arms and accoutrements as he may prescribe ; said officers 
shall thereupon be formed into a corps of instruction, without 
regard to rank, and shall be thoroughly instructed in the man- 
ual of arms, the school of the soldier and the company, and in 
such other theoretical and practical details of duty as the said 
commanding officer shall deem proper. 

Persons "^o* 

ing to drHi, Scc. 508. Any person belonging to the military forces of 

free of toll, this State, going to or returning from any parade, drill or 

G. s. 381; meeting, which he mav be appointed by law to attend, shall, 

R. S. 440; lb. , . , 1 . ' ,-'.,. - , 

together with his conveyance and the military property of the 
State, be allowed to pass free through all toll-gates and over 
all toll-bridgfes and ferries. 



OF SOUTH CAROLINA. 




Sec. 509. Within ten days after any parade, drill, or rendez- 
vous of any battalion or regiment, the adjutant shall report to j.ep'^rl^lir ab° 

from 

regi- 

bat- 

within 



the commanding- officer the names of all line or staff officers ab- dr?i?^of 
sent therefrom ; and the commanding officer shall order a court- ^f^^^ °' 
martial to pass upon such delinquencies. And at any company ten days. 
parade, drill, or rendezvous ordered by battalion commander, j^^' 441;"' /I 
or by law, absence of officers shall be reported to the regimental 
or battalion commander by the company commander, and the 
delinquents court-martialed, as above provided. 



ARTICLE VI. 



Courts-Martial and Courts of Inquiry. 



Sec. 

510. When officer may be artested 

and tried. 

511. Courts-martial for trial of 

commissioned officers ; how 
composed. 

512. Powers and duties of. 

513. Courts of inquiry ; how con- 

stituted ; purposes and du- 
ties of. 

514. Courts-martial for trial of 

non-commissioned officers 
and privates ; how appoint- 
ed ; jurisdiction. 

515. Trial must be on written 

charges ; proceedings, &c. 

516. Proceedings ; to whom for- 

warded. 

517. Secrecy imposed on members 

of Court. 

518. Who to preside ; dress of 

members, &c. 

519. Powers of Courts during ses- 

sion. 



Sec. 

520. May issue subpoenas and com- 

pel attendance of witnesses. 

521. Marshal ; appointment of ; 

duties ; bond. 

522. Execution for fines and pen- 

alties ; by whom issued and 
to whom directed. 

523. How execution must be en- 

forced ; penalty for failure 
or refusal. 

524. Pay of Marshal. 

525. Fees of officers for execution 

of process. 

526. Offenses, and fines and penal- 

ties therefor. 

527. How and to whom fines and 

penalties collected must be 
paid ; how appropriated. 

528. Regimental Paymaster ; bond ; 

duties of. 



Section 510. Any officer who neglects to perform the duties of 
his office, or to obey the rightful orders of his superiors, or who when officer 
is guilty of conduct unbecoming an officer and a gentleman, or ed and tried. 
who violates any of the provisions of this Chapter, may be put g. s. 383; 
under arrest by his superior officer and tried by a court-martial, i 8 8 2,' xvii', 

Sec. 511. All courts-martial for the trial of commissioned of- 
ficers shall consist of not less than five nor more than thirteen 
officers, and in all cases a majority of the court shall be of not 
lower rank than the accused. Regimental commanders shall 



220 CIVIL CODE 

A. D. 1902. 



^""'"'"^^"^ have power to appoint regimental courts-martial for the trial 
nai^°or^"Sm- ^^ ^^^ officcrs, except field officers, of their respective regiments, 
missioned offic- jj^ ^j^ cascs whcrc the regimental commander is the accuser, 

ers; now com- => 

posed. a^j^(j fQj- thg trial of all other officers within their respective 

R s' ^' .^Ib' commands, the commander of brigades shall have power to 
§^3- order general courts-martial. In all cases where the brigade 

commander is the accuser, or where the regimental or brigade 
commander neglects or refuses to order a court-martial, then 
the court shall be ordered by the division commander. For a 
trial of a brigadier or major general, courts-martial shall be 
ordered by the Commander-in-Chief. 

Generally.— Macon v. Cook, 2 N. & McC, 379; State v. Wakeley, 2 N. & McC, 
412; State V. Stevens & Evans, 2 McC, 32; State v. Hopkins, Dudley, no; Ex 
parte Biggers, i McM., 69. Power o£ State Courts as to. — Wakeley v. State, 4 
N. & McC, 410; Macon v. Cook, 2 N. & McC, 379; State v. Stevens & Evans, 2 
McC-; 32 State v. Hopkins, Dudley, loi; in re Brig. Gen., i Strob., 190; Thomas 
v. Raymond, 4 S. C, 347. 

Powers and Scc. 512. Courts-martial may sentence an officer convicted 
duties of. i^y "Ccitx^ to be punished according to the nature and degree of 
R. % f44;^/b!the offence, and according to military usage; but in time of 
peace such punishment shall not extend further than cashiering 
the officer convicted, and disqualifying him from holding any 
office in the militia of this State, and imposing a fine not ex- 
ceeding one hundred dollars. Officers cashiered by sentence of 
a court-martial shall be precluded thereby from again volun- 
teering into the military service of the State, except the sen- 
tence be remitted by the Commander-in-Chief. 

Sec. 513. Courts of inquiry, to consist of three officers and a 
^Courts °fjj^^ ju(jg.g advocate, may be instituted by the Commander-in-Chief, 

constituted. ^^ ^^ ^^^ Commanding officer of a division, brigade, or regi- 

R. %. %<,fi^. ment, in relation to those officers for whose trial they are autho- 
rized to appoint courts-martial, for the purpose of examining 
into any military transaction, or the conduct of an officer, either 
by his own solicitation, or on a complaint or charge of improper 
conduct, or for the purpose of settling a military question, or 
for estabHshing good order and discipline. Such court of in- 
quiry shall, without delay, report the evidence adduced, a state- 
ment of facts, and, when required, an opinion thereon, to the 
officer instituting such court, who may, in his discretion, there- 
upon appoint a court-martial for the trial of the officer whose 

How non- ^ '^ '^ 

CO m missioned couduct shall havc bccu inquired into. 

officers and ^ . _ , . 

privates are ggc, 514. Yox the trial of non-commissioncd officers and pri- 

tried. 



s ^vates, regimental commanders may, at any time, appoint a 

\c ^- vif^T ^ court-martial for their respective regiments, such courts to con- 
1882, XVII., '^ ° 

701. 



OF SOUTH CAROLINA. 221 

A. D. 1902. 



sist of at least three commissioned officers. The court, when "^"^"v^ 
organized, shall have the trial of all ofifences, delinquencies and 
deficiencies that occur in the regiment for which it shall have 
been appointed. 

Sec. 515. No officer, non-commissioned officer, or private, on ^wr\ t°t J'n 

shall be tried except on written charges and specifications. The ^^^^^ff^ 

arraignment of the accused, the proceedings, trial, and record, r. % 447;^il! 
shall, in all respects, conform to the forms and requirements 
of the United States law and practice of courts-martial, except 
as herein otherwise provided. 

Sec. 516. The proceedings and sentence of a court-martial of cou°rV^be 
shall, without delay, be transmitted to the officer ordering the -°—^^^ 



court, or to his successor in command, who shall, within fifteen r. s. 448-^1%'. 
days thereafter, approve, disapprove, commute, or remit the 
sentence, and issue his order thereon ; and he shall also trans- 
mit such proceedings and sentence, with his action thereon, to 
the Adjutant and Inspector General, to be filed in his office. 

Sec. 517. Every member of the court-martial shall keep se- posed.'^^'^^ ^"^ 
cret the proceedings and sentence of the court until the same g. s. 390; 
shall be approved or disapproved or otherwise acted upon ac- 
cording to law, and shall keep secret the vote or opinion of any 
particular member of the court, unless required to give evidence 
thereof by a court of justice in due course of law. 

Sec. 518. The president of every court-martial or court of pJ^sM I n^" of 

inquiry shall be the member of the court senior in rank, who, ^^^ Court. 

besides his duties and privileges as a member, shall be the organ r. s. 45o;^i&! 
of the court to keep order and conduct its business. In his ab- 
sence the senior officer present shall preside, with all the pow- 
ers of the president. All the members of such court shall, when 
on duty, be in full uniform ; and the court may sit without re- 
gard to hours, and may adjourn, from time to time, as may 
be necessary for the transaction of business. 

Sec. 519. Courts-martial and courts of inquiry are authorized c^u^r ^during 

and empowered to preserve order during their sessions ; and ^^^^^°"' 

any person or persons who shall be guilty of disorderly, con- r.^s. ^551^;/!'. 
temptuous or insolent behavior in, or use any insulting or con- 
temptuous or indecorous language or expressions to or before, 
any such court, or any member of either of such courts, in 
open court, intending to interrupt the proceedings or to impair 
the respect or authority of such courts, may be committed to 
the jail of the County in which said courts shall sit, for a time 



222 CIVIL CODE 

A. D. 1902. 

'"''"^■'' ' not exceeding twelve hours, by warrant under the hand and 

seal of the president of such court. 
^^7 il^Ji^ Sec. 520. Courts-martial and courts of inquiry shall issue 

subpoenas and t- •■ 

ance'^^of "^it- ^^^P^^^^ ^°^ ^^^ witucsscs whosc attendance at such court 

^^^^^^- may, in their opinion, be necessary in behalf of the State, and 

R ^" 452 ;^ib ' ^^^'^' '^^ application, for all witnesses in behalf of any officer 
702, § 72. charged or accused, or persons returned as delinquents ; and 
may direct the commandant of any company to cause such 
subpcena to be served on any witness or member of his com- 
pany. Such court shall also have the power of courts of com- 
mon law to administer the usual oath to witnesses, and to com- 
pel witnesses to appear and testify, by attachment, fine and im- 
prisonment; and all Sheriffs, jailers and Constables must exe- 
cute any process issued by such courts for any of the aforesaid 
purposes. 
Marshal; ap- gg^ 52^^ jj^g president of anv court-martial or court of 

pointment of; J^ 

duties; bond, inquiry may appoint, by warrant, under his official signature, 
R ^' 4S3-^ib'^^^ °^ more marshals, who shall, when required, execute any 
§ 73- process lawfully issued by such president or court, and perform 

all acts and duties by this Article imposed on, and authorized 
to be performed by, any Sheriff or Constable. The marshals 
so appointed shall, before entering upon their duties of collect- 
ing fines and penalties, execute bonds and sufficient securities, 
to be approved by the President of the court appointing them, 
for the faithful performance of their duties. 
Execution for gee. 522. For the purposc of Collecting auv fines or penalties 

fines and pen- r r o . j,^ 

aities;_ b y i^iposcd bv anv court-martial authorized bv this Article, the 

whom issued r- . , - ^ 

and to whom pj-esi(jent of the court shall, within thirtv davs after the fines 

directed. '^ ' - - _ 

— ^— ^ :or penalties have been imposed and approved, issue an exe- 

R. s. 454; lb., cution or warrant, under his official signature, directed to anv 

8 74- . . ' 

marshal of the court, or to all and singular the Sheriffs and 
Constables of the State, thereby commanding them to levy such 
fines and penalties, together with the costs, on the goods and 
chattels of such delinquent. 

State V. Wakely, 2 N. & McC, 412; State v. Stevens and Evans, 2 McC, 32; 
Carr v. Scott, Riley, 193; Cam v. Mikel, 5 Rich., 247. 

How execu- gec. 523. Evcry marshal, Sheriff or Constable to whom 

tion must be ^ 

enforced; pen- any such Warrant or execution shall be directed and delivered 

alty for fail- -^ 

u re or refusal, must cxecutc the samc by levying and collecting the fines and 
G. s. 396; penalties, and make return thereof to the officer who issued 

R. S. 455; lb., ^ 

§ 75- the same within sixty days from the receipt of such execution 

or warrant, paying over the amount collected to the proper 



OF SOUTH CAROLINA. 




officer, in accordance with the provisions of this Article. Any 
Marshal, Sheriff or Constable failing or refusing to execute 
such execution or warrant as herein required, or to make return 
thereof and pay over fines so collected, shall be subject to rule 
and attachment from the Court of Common Pleas of the County 
wherein he resides, upon motion of any attorney, or president 
of a court-martial, or the officer ordering the same, or any 
other officer whose duty it is to see that such process be duly 
executed. 

Sec. 524, Out of the fines and penalties imposed by court shaL^ ° 



martial, and collected, there shall be paid, upon the certificate g. s. 397; 
of the president of such court, approved by the officer ordering 703, '§^^6.' " 
the same, to every marshal appointed by any such court, one 
dollar for every day actually employed in the execution of the 
duties required of him. 



Sec. 525. For executing process, or performing any service acers^^for 



Fees of of- 
■s for exe- 

required by the provisions of this Article, Sheriffs and Con- l^ll°^ °^ ^^°' 
stables shall be entitled to the same fees as they are allowed q g ^g^. 
by law for similar services in civil or criminal cases. Marshals, f^f; '^''^'' ^^■' 
to whom an execution or warrant for the collection of fines and 
penalties may be directed or delivered, as provided in this 
Article, shall be entitled to the like fees as Sheriffs for similar 
services. 

Seastrunk v. Rice, Chev., 71. 

Sec. 526. Every officer, non-commissioned officer, or private, fines ^ancf pen- 
shall, on due conviction by any court-martial, be subject for the^ ereor^ 

following offenses to the fines and penalties thereto annexed : r. s. 45'8;^/ib.' 

1. In time of peace, every commissioned officer, for disobedi- ^ ' 
ence of orders, neglect or ignorance of duty, conduct unbecom- 
ing an officer and a gentleman, or prejudicial to good order and 
military discipline, or neglecting to comply with or violating 
any of the provisions of this Article, shall be cashiered, dis- 
qualified from holding any military commission, fined to an 
amount not exceeding one hundred dollars, or reprimanded, 

or be sentenced to all or either of such fine and penalties, 
within the discretion of the court. 

2. Every commissioned officer, for non-attendance at any 
parade, drill, or place of rendezvous, a fine of not less than 
three nor more than twenty dollars. 

3. Every non-commissioned officer and private, for non-ap- 
pearance, when duly warned, at any company parade, inspec- 
tion, muster, or drill, a fine of one dollar; for non-appearance 



224 CIVIL CODE 

A. D. 1902. 



"^^"-^^^"^ at a regimental or battalion parade, inspection, or drill, a fine 
of two dollars ; for disobedience of orders, or disrespectful or 
insubordinate conduct, a fine of not exceeding ten dollars. 

4. Every officer, non-commissioned officer, or private, for 
neglecting or refusing to obey the orders of his superior officers 
on any day of parade, drill, or inspection, or to perform such 
military duty or exercise as may be required, or departing from 
his colors, post, or guard, or leaving his place or ranks without 
permission, a fine of not more than twenty nor less than three 
dollars. 

5. Every officer, non-commissioned officer, or private, for 
neglecting or refusing to obey any order or warrant to him 
lawfully given or directed, or to make a proper return thereof, 
or neglecting or refusing, when required, to summon a delin- 
quent before a court-martial, a fine of not more than twenty 
nor less than three dollars. 

6. Any officer, non-commissioned officer, or private, who 
shall neglect or refuse to surrender or deliver up, upon demand 
of his commanding officer, any arms, equipments, or other 
military property of the State that may be in his possession, 
shall be fined not more than one hundred dollars nor less than 
ten dollars ; and any ofticer may take possession of such mili- 
tary property wherever the same may be found. 

7. Every non-commissioned officer or private appearing at 
any parade, drill, inspection, or review, deficient in arms, equip- 
ments, or uniform, or in unserviceable or bad condition, if 
from his own neglect, a fine of one dollar. In addition to, or 
in lieu of, the fines herein specified, the offender shall be liable, 
in the discretion of the court, to be dishonorably discharged 
from the command to which he belongs. 

Fines and gec. 527. All fiucs and penalties collected from anv officer, 

penalties. ' 1 11 1 

— ;; — -non-commissioned officer, or private of a regiment, shall be 

G. S. 400; ^ . 

^■oo^- 4 59; paid bv the officer collecting the same to the pavmaster ot the 

I 8 S 2, XVII., "^ - "^ 

704. regiment to which the person so fined belonged, and shall con- 

stitute a portion of the military fund of such regiment, which 
shall be disbursed by order of the commanding officer of such 
regiment: Provided, That in case of members of unattached 
companies, fines shall be paid to the commanding officer, for the 
use of said company. All fines and penalties collected from any 
other commissioned officer shall be paid by the officer collecting 
the same to the Adjutant and Inspector General of the State, to 
be expended for the use of the militia of the State. 



OF SOUTH CAROLINA. 




How collect- 



Sec. 528. For each regiment there shall be appointed a pay- 
master, who shall receive all fines and penalties collected and ^^ 

payable to such regiment. He shall give a bond in the sum of — ^ — g : 

two hundred dollars for the faithful discharge of his duties,^- ^- ^So; ib. 
with one or more sureties, to be approved by the commanding 
officer of the regiment for which he is appointed. Each pay- 
master shall be compelled to account, at least once in twelve 
months, and oftener if required, to the commanding officer of 
the regiment of which he is paymaster, which accounts shall 
be subject to the inspection of the Brigadier General, Major 
General, and Commander-in-Chief, respectively. A copy of 
said accounts shall be forwarded to the Adjutant and Inspector 
General, to be filed in his office. 

State V. Stevens & Evans, 2 McC, 32. 



TITLE V. 

OF COUNTIES. 



CHAPTER XVII. 

Of Counties and Their Corporate Powers. 



Sec. [ Sec. 

529. Division of State Into Coun- i 541. 

ties ; each County a body | 
politic. 542. 

530. Abbeville County ; location 

and boundaries. 543. 

531. Aiken County ; location and 

boundaries. 544. 

532. Anderson County ; location 

and boundaries. 545. 

533. Bamberg County ; location 

and boundaries. 546. 

534. Barnwell County ; location 

and boundaries. 547. 

535. Beaufort County ; location 

and boundaries. 548. 

536. Berkeley County ; location 

and boundaries. 549. 

537. Charleston County ; location 

and boundaries. 550. 

538. Cherokee County ; location 

and boundaries. 551. 

539. Chester County ; location and 

boundaries. 552. 

540. Chesterfield County ; location 

and boundaries. 553. 



Clarendon County ; location 

and boundaries. 
Colleton County ; location 

and boundaries. 
Darlington County ; location 

and boundaries. 
Dorchester County ; location 

and boundaries. 
Edgefield County ; location 

and boundaries. 
Fairfield County ; location 

and boundaries. 
Florence County ; location 

and boundaries. 
Georgetown County ; location 

and boundaries. 
Greenville County ; location 

and boundaries. 
Greenwood County ; location 

and boundaries. 
Hampton County ; location 

and boundaries. 
Horry County ; location and 

boundaries. 
Kershaw County ; location 

and boundaries. 



I5--C 



226 



CIVIL CODE 



A. D. 1902. 



Sec. 



554. Lancaster County ; location 

and boundaries. 

555. Laurens County ; location and 

boundaries. 

556. Lexington County ; location 

and boundaries. 

557. Marion County ; location and 

boundaries. 

558. Marlboro County ; location 

and boundaries. 

559. Newberry County ; location 

and boundaries. 

560. Oconee County ; location and 

boundaries. 

561. Orangeburg County ; location 

and boundaries. 

562. Pickens County ; location and 

boundaries. 

563. Richland County ; location 

and boundaries. 

564. Saluda County ; location and 

boundaries. 

565. Spartanburg County ; location 

and boundaries. 

566. Sumter County ; location and 

boundaries. 

567. Union County ; location and 

boundaries. 



Sec 



loca- 



and 



568. Williamsburg County ; 

tion and boundaries. 

569. York County ; location 

boundaries. 

570. Property of County. 

571. Public officers having care of 

public buildings may insure 
the same. 

572. County property esempt from 

levy and sale. 

573. New Counties ; notice of in- 

tention to form. 

574. Petition for new Counties. 

575. Election for ; how ordered. 

576. Election for ; how conducted. 

577. Result of election ; how de- 

clared. 

578. When the General Assembly 

shall establish a new Coun- 
ty. 

579. How Court House may be 

moved. 

580. How County line may be 

changed. 

581. How two Counties may con- 

solidate. 



Division of Section 529. The State of South CaroHna is divided into 

State into 

Counties; each fortv iudicial districts, called Counties. Each Countv is a bodv 

County a body - -' ' - ^ 

p°ii"g- politic and corporate, for the following purposes : To sue and 

R ^'s ^' '^eV- ^^ ^^^^ •• ^° purchase and hold, for the use of the County, lands 
I 8 6 8, ^xn\,g^^^ personalty within the limits thereof; to make all contracts, 
xviL, 682. ^j^(^ ^Q (Jq q]i acts in relation to the property and concerns of the 
County necessary thereto. 

May sue on official bond. — Greenville County v. Runion, 9 S. C, I; Chester v. 
Hemphill, 29 S. C, 584; 8 S. E., 195; Aiken Co. v. Murray, 33 S. C, 508; 14 S. 
E., 954. Suit on claim must be before Board of County Commissioners. — ^Jennings 
v. Abbeville County, 24 S. C, 543. When actions e.v delicto may be sued in Court 
of Common Pleas. — Acker v. Anderson County, 20 S. C, 495; Jennings v. Abbe- 
ville County, 24 S. C, 543; Chick v. Newberry County, 27 S. C, 419; 3 S. E., 
387; Laney v. Chesterfield County, 29 S. C, 140; 7 S. E., 56. How name pleaded. 
— County of Richland v. Miller, 16 S. C, 241. Judgment against Charleston 
County does not carry costs, under Funding Act of 1S78. — Holmes v. County of 
Charleston, 14 S. C, 146. Account audited does not bear interest. — lb.; Wheeler 
V. County of Newberry, 18 S. C, 135. Contracts must be made by County Com- 
missioners alone. — OstendorfE v. County Commissioners, 14 S. C, 407; Edmond- 
ston V. County of Aiken, 14 S. C, 622; Jennings v. Abbeville County, 24 S. C, 
543. No action against them without contract. — OstendorfT v. County Commission- 
ers, 14 S. C, 407. Remedy by mandamus. — Wheeler v. County of Newberry, 18 
S. C, 135; Duke V County of Williamsburg, 21 S. C, 416; Hunter v. Mobley, 26 
S. C, 192; I S. E., 670. As to County bonds. — State v. R. R., 13 S. C, 290; 
Duke v. County of Williamsburg, 21 S. C, 416; Lancaster v. R. R., 28 S. C, 134: 
5 S. E. 338. As to line fence. — County Commissioners v. County Commissioners, 
18 S. C, 598. There is no statute providing for th« payment by a County in 
which a crime is committed of the cost and expenses of the trial therefor in an- 



OF SOUTH CAROLINA. 227 

A. D. 1902. 
other County to which the venue has been changed. — Kershaw County v. Richland ^ ■/ 

County, 61 S. C, 75, 39 S. E., 263. 

Sec. 530. ABBEVILLE COUNTY is bounded as follows: Abbeville 
On the southwest by the Savannah River, by which it is sep- tion and boun- 
arated from Georgia; on the northwest by Anderson County, '■ 

G. S 4-04. ' 

from which it is separated by a line (the old Indian boundary) R. s. 462; iv.', 
drawn from a marked black-gum, on the east bank of the 199! § 2; 252! 
Savannah River, at the foot of Grape Shoals, (north 50° east,) x x i i., 60s; 

1S98 ; lb., 896. 

to a willow-oaK, marked A. & P.," on the south side of Saluda 
River; on the northeast by Laurens County, from which it is 
separated by the Saluda River, and by Greenwood County ; and 
on the southeast by Edgefield County, from which it is divided 
by a line drawm from a point on the Savannah River, at the 
mouth of Little River, north 34° east, fourteen miles and sixty 
chains, and thence north 40° east to the Greenwood County 
line. 

See Boundaries of Greenwood County. — Post, 550. 

Aiken Coun- 

Sec. 531. AIKEN COUNTY is bounded as follows: Onty; location 

and boundar- 

the northwest by Edgefield and Saluda Counties, from which ^ff^ 

it is divided bv a straight line commencing at the mouth oij^-, 661,664; 

° ° v., 478, 506; 

Fox's Creek, where it empties into Savannah River, and run-^^-' 473; vii., 

^ 199, 248, 201, 

ning thence to where the south branch of Chinquepin Falls|^.4;^^?^igV., 

Creek (a tributarv of the North Edisto River) intersects the ^^^e, xxii., 

Saluda and Lexington line ; on the northeast by Lexington 

County, from which it is divided by said creek to where it 

empties into the North Fork of the Edisto River, and by the 

said North Fork to where the dividing line between Lexington 

and Orangeburg Counties (running from Big Beaver Creek 

to the North Fork of the Edisto) touches said river; on the 

southeast by Orangeburg and Barnwell Counties, from which 

it is divided by a straight line running by A. J. Weathersbee's 

old mill, thence the line established by J. Seth Mixon, Deputy 

Surveyor, to the Savannah River, at a point below the mouth 

of the Upper Three Runs Creek, said survey having been made 

under Act of Assembly, approved 14th March, 1874; on the • 

southwest by Georgia, from which it is separated by the 

Savannah River. 

Sec. 532. ANDERSON COUNTY is bounded as follows: Anderson 

On the northwest and north by Oconee and Pickens Counties, tion and boun- 

from which it is divided by a line commencing at the mouth- — — 

. . G. S. 406; 

of Cane Creek, on Tugaloo River, and running thence to the R- s. 464; i-, 

. 196; VI., 39. 

point where Eighteen Mile Creek is crossed by the road leading 289, 341; vii., 
from Pendleton to Hasfood's Store, thence to the mouth of 



s8o 



228 CIVIL CODE 

A. D. 1902. 

^— '■v^"^ George's Creek, on Saluda River; on the northeast and east 
by Greenville County, from which it is separated by the Saluda 
River; on the southeast by Abbeville County, from which it is 
divided by a line drawn from a marked black gum on the east 
bank of the Savannah River, at the foot of Grape Shoals, to a 
willow oak, marked "A. & P.," on the south side of Saluda 
River; on the southwest by the State of Georgia, from which 
it is separated by the Savannah River, 
co^tft^^foca^ Sec. 533. BAMBERG COUNTY is bounded as follows: 
ries.' ''°""'^^" Beginning at a point in the middle of the stream of Salke- 
7, XXII. hatchie River where George's Creek enters said river, and 
running due north up said stream by Rush's ]\Iill to a gum tree 
one and one- fourth miles above Rush's Mill ; thence due north 
to a point in the middle of the stream of South Edisto River; 
thence down the middle of the stream of said river to where 
it enters into the Edisto River ; thence down the middle of this 
latter river to the point where the same is intersected by the 
old district line dividing the County of Barnwell from the 
County of Colleton; thence along said dividing line to where 
the same intersects with Salkehatchie River ; thence up the 
middle of the stream of said Salkehatchie River to the point 
of beginning, as shown by a map of said proposed County of 
Bamberg made bv J. S. IMixon & Son, December ist, 1896. 
county- ''loca- ^60. 534. BARNWELL COUNTY is bounded as follows : 
daries°'^ ^°"'^" ^n the northwcst by Aiken County, from which it is divided 
G. .s. 40-- ^3' ^ ^^^^ beginning at the point upon the Savannah River, 
^64f'vn.', log' below the mouth of the Upper Three Runs Creek, as established 
6 9 s'; "^x v!' by ^be survey of J. Seth ]\Iixon, under Act approved March 14, 
xxii., ^lo^ ^' 1874^ and following said line to A. J. Weathersbee's old mill ; 
thence to South Edisto River, in the direction of the point on 
the North Edisto River (mouth of Cedar Branch) v/here the 
line between Orangeburg and Lexington Counties, drav,m from 
Big Beaver Creek, touches said river ; on the northeast by 
Orangeburg County, from which it is separated by the South 
* Edisto River as far down as the northwest corner of Bamberg 

County ; on the east by the line separating it from Bamberg 
County ; and on the southeast by the old district line, stretching 
from Nelson's Ferry, on the Santee River, to Alatthews Bluff, 
on Savannah River, separating it from Hampton County ; and 
on the southwest by the State of Georgia, from which it is 
separated by the Savannah River. 



OF SOUTH CAROLINA. 




Sec. 535. BEAUFORT COUNTY is bounded as follows: 
West and southwest by the State of Georgia, from which it is c^anty^ ^loca- 
separated by the Savannah River ; south and southeast by the darlet"'^ ^°^^ 
Atlantic Ocean, including in the County all the islands along ^^ g. 408; 
the coast from the mouth of the Savannah River to St. Helena vii^^iggt 25^1' 
Sound; northeast by Colleton County, from which it is sep-^yf^; 375/^' 
arated by St. Helena Sound and by the Combahee and Salke- 
hatchee Rivers ; and north by the centre of the track of the 
Savannah and Charleston Railroad, separating it from the 
County of Hajnpton, which was formerly a part of Beaufort 
County. 

Sec. 536. BERKELEY COUNTY is bounded as follows : gBoundaries^of 
Eastwardly, northeastwardly and north by the Santee River, ;^^j 



separating it from the Counties of Georgetown, Williamsburg j^^-gS- 409; 
and Clarendon; north also by Orangeburg County; west and^^^a, ^^^^g- 
northwestwardly by Dorchester County ; south and southwest- ^g^^^ |y^ ^09; 
wardly by Charleston County and Dorchester County ; and the 
said County of Berkeley shall include within its limits the whole 
of the subdivision formerly known as the Parishes of St. John's 
Berkeley, St. Stephen's, St. Thomas and St. Dennis, and parts , 

of the subdivisions formerly known as St. James Goose Creek, 
St. James Santee, and St. Andrews. 

Sec. 537. CHARLESTON COUNTY is bounded as f ol- co„St$!'^?o<^" 
lows : By a line beginning at the mouth of the South Edisto I'aries."^ ^'^^'^' 
River where it empties into the Atlantic Ocean, and following q §_ ^^^. 
up said river to the Dawho River ; thence by the Dawho River fg^^^ ^^ ^^ j^| 
to its intersection with the North Edisto River; thence by the^xii^, 3:0.^^' 
Wadmalaw River and New Cut to Stono River ; and thence up 
Stono River to Rantowle's Creek ; thence up Rantowle's Creek 
to its intersection with the Colleton County line ; thence along 
said line to the eastern bank of Ashley River ; thence down 
said river to the line of Colleton County, on said bank ; thence 
eastward by a direct line to the mouth of Goose Creek on the 
western bank of Cooper River; thence southwardly along the 
western bank of Cooper River to the Parish of St. Philip's; 
thence down the Cooper River to the mouth of Wando River; 
thence up said Wando River to Guerin's Creek; thence up 
Guerin's Creek to Guerin's Bridge ; thence by way of the Half- 
way Creek road across Halfway Creek to Thompson road 
and through Thompson road to the centre of Wambo Swamp ; 
thence through the centre of said swamp to the head of Wambo 
Creek, and through said creek to South Santee River; thence 




CR'IL CODE 



down the South Santee River to the ocean to the Hne of the 
jurisdiction of the State; thence southwardly along the line 
of the jurisdiction of the State to a point opposite the mouth 
of South Edisto River : thence in a straight line to the be- 
ginning at the mouth of South Edisto River. 
Counu-;°k>ca! ^60. 538. CHEROKEE COUNTY is bounded as follows: 
and boundaries Beginning at the mouth of Brown's Branch and running up 
-Ji^'' "^■^■'■^■' branch 76.60 chains to near where G. W. Webster now lives, 
placing him in new County; thence S. y^. W. 66.23, to rock 
X. E. corner lot of Pacolet ^Manufacturing ^Company, at 
Brown's old mill; thence X. 63, W. 15.70, with line of said 
company's lot to rock; thence S. 45, X'. 5.73, to maple; thence 
same course 87 links to Pacolet River; thence with said river 
up stream 7.36 to stake on Pacolet; thence X. 16 W., leaving 

H. L. C. ]\Iurphy in old County, Hammett in new 

County, Hammett school house near cross roads in 

old County, Miss ^lary Brown in new County, 509.80 chains to 
stake one mile east of town of Cowpens ; thence X. 24, W. 64 
chains to line of Limestone township ; thence west with Lime- 
stone township 80 chains to southwest corner of said township ; 
thence X. 116.80 chains with line of Limestone township to 
marked line running X'. 24 W. ; thence X'. 24 W'., leaving Joel 
Petty and Cleveland Gossett in old County, passing through 
house of J. G. Powell, leaving Andy X'orton in Spartanburg 

County, also house of ]\Irs. Price, placing 

Cash's house. Fate Martin in new County, passing through 
the store room of Finch ^lartin, but leaving his dwelling 
house in old County, leaving John Walker and ^Irs. Cudd in 
Spartanburg County, 785.65 chains to stake on X'orth Carolina 
line; thence with said line crossing Broad River, and con- 
tinuing to corner of Cherokee Township, in York County ; 
thence south with east boundary of said township to stake; 
thence west to corner of said township on King's Creek ; thence 
down King's Creek to middle of Broad River; thence down 
Broad River to centre of river opposite Pacolet River; thence 
up Pacolet River to opposite Brown's Branch, beginning point. 

Under the Act creating this County, the Courts of the Counties formerly em- 
bracing this territory lost jurisdiction over persons residing in the new County. — 
Riddle v. Reese, 53 S. C, 198; 31 S. E., 222. 

Chester Coun- gcc. 539. CHESTER COUXTY is bounded as follows : On 

ty; loc a 1 1 o n 

and boundaries ^j^g north by 3. line beginning at a hickory tree, on the southwest 
G. s. 411; side of the Catawba River, about ten chains above the mouth 

K. S). 4 o 9; ' 

IV., 662; \"., 

317; VII., 284. 



OF SOUTH CAROLINA. 231 

A. D. 1902. 



of Ferrill's Creek, and running (nearly south 80° west) by an ^«-»-v*^ 
old line, called and known by the name of the Line of the New 
Acquisition, to an ash and black gum, on the bank of Broad 
River, on Robert Elliott's lands ; thence down Broad River to 
the mouth of Sandy River; thence in a direct line to the 
mouth of Rocky Creek, on the Catawba River ; thence up to the 
Catawba River, to the place of beginning. 

Sec. 540. CHESTERFIELD COUNTY is bounded as fol- countyf S 
lows : On the north by the North Carolina line ; on the east daries"^ ''°"''" 
by Marlborough County, from which it is separated by Great q. g. 412; 
Peedee River; on the south by Darlington County, from which p;^., 662; Vii.', 
it is divided by Cedar- Creek, commencing at its mouth, where xff., ^785.^ '^' 
it enters into the Great Peedee, and up said creek to the head 
of the southernmost branch, and thence by a direct line (south 
51° 45' west) to the fork of Lynch's River; on the southwest 
by Kershaw and Lancaster Counties, from which it is separated 
by Lynch's River. 

Sec. 541. CLARENDON COUNTY is bounded as follows -ciar e n d o n 

County; loca- 

On the north and northwest by Sumter County, from which it tion and boun- 

is divided by the following lines : beginning at a corner on the • 

east side of Santee River, and running thence (north 76° east) 

six hundred and fifty- four chains to a forked pine corner; 

thence (south 82° east) one hundred and four chains to a pine ^.X., 1^6^; 

corner; thence (north 76° east) five hundred and twenty chains 507; ib.. 517- 

to a post on the Vance's Ferry road; thence (north yy" east) 

three hundred and sixty-eight chains and fifty links to a corner 

in Pocotaligo River; thence (north 34° east) one hundred and 

thirty- four chains and fifty links to a corner; thence (north 55° 

east) six hundred and fifty chains and fifty links to a corner in 

Black River; thence (north 86j4° east) sixty-three chains to a 

post on the Salem Road; thence (north 52° east) two hundred 

chains to a black gum corner; thence (north 55° east) four 

hundred and one chains to a pine corner; thence (north 58^° 

east) one hundred and thirty-five chains to the eastern side of 

Dyall's Bay; thence (north 55° east) fifteen chains to Mill 

Bay; thence (north 57^^° east) ninety-four chains to two 

sweet gums; thence (north 55° east) forty-six chains and 

eighty links to Wood's Mill ; thence by a straight southerly 

line to Hudson's Mill ; thence following the Centennial road in 

an easterly direction until it intersects a line dividing it on the 

southeast from Williamsburg County, said line being the old 

District line running (south 22>4° west) until it intersects the 



G. S. 


413; 


R. S. 471; 


; iV., 


662, VII. 


, 199. 


261; Xll. 


, 416, 


611, § i; 


18S8, 




CIVIL CODE 



Santee River three-quarters of a mile below Gaillard's Island ; 
on the south and southwest by the Santee River, which divides 
it from Berkeley and Orangeburg Counties. 
CountJJ'Lca"^ Sec. 542. COLLETON COUNTY is bounded as follows: 
uon^and boun- On the northeast by Dorchester County, from which it is 
G. s. 414; divided by the Edisto River down to Parker's Ferry, and by 
VII., ip9fi84;'the public road running from said ferry to a public landing 
llY;' if .^580." '^^own as Lowndes' Landing to Rantowles Creek; on the east 
by Charleston County; on the southwest by Hampton County, 
from which it is separated by the Salkehatchie River, and by 
Beaufort County, from which it is separated by the Salke- 
hatchie and Combahee Rivers, and by St. Helena Sound; and 
on the northwest by Bamberg and Orangeburg Counties, from 
which it is separated by the old district line drawn from Nel- 
son's Ferry, on the Santee River, to Matthews' Bluff, on the 
Savannah River. 
Darlington Scc. 543. DARLINGTON COUNTY is bounded as fol- 

County; loca- 

tion and boim- lows : On the southeast by Lvnch's River, beginnine at the 

danes. , ^ _ . ^ & & 

— - — mouth of Little Lynch's River, thence down Lynch's River to 

G. b. 415; -^ 

Rg^s.^7^; IV., Sanders' Bridge, thence by an air line running to the point 
261,' 2S4;'^iU where the Cheraw and Darlington Railroad crosses High Hill 
xx.,'i6S; 1889,' Creek, thence down High Hill Creek to its confluence with 

A.A., 507't 10., 

^17- Black Creek, thence up Black Creek to Muse's Bridge, thence 

following the direction of a straight line running from Muse's 
Bridge to Cashua Ferr}^ until Back Swamp is reached, thence 
down Back Swamp to Herring Creek, thence down said creek 
to its confluence with the Great Pee Dee River, thence up the 
Great Pee Dee to the mouth of Cedar Creek, thence up Cedar 
Creek and its southernmost branch to the head of the said 
branch, and thence by direct line (south 51° 45' west) to the 
place of beginning. 

co^nty^'^ioc'a- ^^^' ^^' DORCHESTER COUNTY is comprised of all 

darier*^ '^°^^" that territory formerly a portion of Colleton County comprised 
1897, XXII., ^^ ^^^ townships of George, Koger, Carn, Burns, Givhans, 

S9S. Dorchester and that part of Collins township in said County of 

Colleton lying north of the public road leading from Parker's 
Ferry, upon the Edisto River, to a pubHc landing known as 
Lowndes Landing, upon Rantowles Creek, and all that portion 
formerly of Berkeley County included within the following 
lines, to wit : From the intersection of the County line between 
Colleton and Berkeley Counties with the run of Four Hole 
Creek a straight line to a point upon Saw Mill Branch one mile 



OF SOUTH CAROLINA. 




northeast of the South CaroHna and Georgia Railroad, thence 
along said branch to the Colleton County line, and thence back 
to the starting point along the line of division between Colleton 
and Berkeley Counties. And is bounded northeast by Berk- 
eley County, from which it is separated by the Four Hole 
Swamp from the intersection of said swamp with the old dis- 
trict line (drawn from Nelson's Ferry, on the Santee River, to * 
Matthews' Bluff, on Savannah River) to the intersection of 
the run of said swamp with the old County line between Col- 
leton and Berkeley Counties ; and by a straight line running 
thence to a point upon Saw Mill Branch one mile northeast 
of the South Carolina and Georgia Railroad, and thence along 
said branch to the old division line between Colleton and 
Berkeley Counties ; and thence by said old division line to the 
point where said line intersects the division line between 
Charleston and Berkeley Counties ; on the southeast by Charles- 
ton County, from which it is separated by the old division line 
between Charleston and Colleton Counties to Lowndes' Land- 
ing, on Rantowles Creek ; south and southwest by Colleton 
County, from which it is separated by the public road leading 
from Lowndes' Landing, on Rantowles Creek, to Parker's 
Ferry, on Edisto River; and thence by the said river to the in- 
tersection of said river with the old district line drawn from 
Nelson's Ferry, on Matthews' Bluff ; and on the northwest by 
Orangeburg County, from which it is separated by said last 
mentioned district line. 

Sec. 545. EDGEFIELD COUNTY is bounded as follows -Edgefield 

County; loca- 

On the southwest bv the Savannah River, by which it is sep- tion and boun- 

-^ danes. 



arated from the State of Georgia; on the northwest by Abbe- ^ ^ 

° , ^ G. S. 416 

ville County, from which it is separated by a line drawn from ?; ^■^?'*' -^X- 

the mouth of Little River north 34° east fourteen miles and Y 1 1., 196 

^^ X I v., 6 9 s 

sixty chains to a point, and thence north 40° east until it inter- x x i^l, 248 

sects the Greenwood County line ; on the northeast by Green- 
wood and Saluda Counties ; and on the southeast by Aiken 
County, from which it is divided by a straight line commencing 
at the mouth of Fox's Creek, where it empties into Savannah 
River, and running thence to where the south branch of Chin- 
quepin Falls Creek (a tributary of the North Edisto River) 
is intersected by the dividing line between Lexington and 
Saluda Counties. 

For division line from Greenwood and Saluda see boundaries of those Counties 
in Sees. 550 and 564. 




CIVIL CODE 



Sec. 546. FAIRFIELD COUNTY is bounded as follows: 

County;^ 'loca^ On the north by Chester County, from which it is divided by 

dafiel!^'^ ^°^^' ^ ^^^^ running from the mouth of Rocky Creek, on the Catawba 

G. s. 417; ^^ver, to the mouth of Sandy River, on Broad River; on the 

662?' t^.f'1^7; west and southwest by Broad River, by which it is separated 

VII., 199, 284. f j-Qj^ ^i-^g Counties of Union, Newberry, and Lexington ; on 

the south by Richland County, from which it is divided by 

Little River, from its mouth up to a point about half a mile 

above the plantation of Air. Shaffer (one mile above the mouth 

of Shaffer's Creek), and a line running from thence in a direct 

course to the Round Top, near Dohertie's Mill ; on the east 

by the Counties of Kershaw and Lancaster, from which it is 

divided by a line drawn from the last mentioned point, Round 

Top (north 18° 15' east) fourteen miles and twenty-three 

chains, to the intersection of Wateree River, where Cornell's 

Creek enters it ; thence up the Wateree and Catawba Rivers as 

high as the mouth of Rocky Creek. 

co^unt°y;'?oca^ Scc. 547. FLORENCE COUNTY is bounded by a line, be- 

tion and boun- .. joi'-r->-i t -'-r-.- 

daries. gmnmg at bander s Bridge, on Lyncn s River, running an air 

R. s. 476; line to the point v/here the Cheraw and Darlington Railroad 

1 68; ' 188 gl crosses High Hill Creek, thence down High Hill Creek to 
'its confluence with Black Creek, thence up Black Creek to 
Muse's Bridge, thence following the direction of a straight line 
running from Muse's Bridge to Cashua Ferry to Black Swamp, 
thence down Black Swamp to Herring Creek, thence down 
said creek to its confluence with the Great Pee Dee River, 
thence following the said Great Pee Dee River down to its 
intersection with Lynch's River, thence following said Lynch's 
River up to a point at and above Anderson's Bridge, thence in 
a straight line westward to the Williamsburg and Clarendon 
County line, so as to embrace twenty-eight square miles of the 
territory of Williamsburg County, thence following said Clar- 
endon and Williamsburg County line in a southwesterly direc- 
tion to its intersection with what is known as Centennial Road, 
thence following said road in a westerly direction to Hudson's 
Mill, thence running in a northerly direction a straight line to 
a point on the Clarendon and Sumter County line at Wood's 
Mill, thence following the Clarendon and Sumter County line 
in northeasterly direction to Lynch's River, thence following 
the said Lynch's River up to Sander's Bridge, the beginning 
corner. 



OF SOUTH CAROLINA. 




See. 548. GEORGETOWN COUNTY is bounded as fol- 
lows : On the north and northeast by Marion and Horry county^^^locJ^ 
Counties, from which it is separated as follows : from Marion daHes"^ ^°"'^' 
County by the Great Peedee River, from Britton's Ferry to g. s. 418; 
its junction with the Little Peedee River; from Horry County e^gj^" \l''^^y\ 
by the Great Peedee River, from its junction with the Little |''f; ^^^■' ^^^' 
Peedee to its junction with Bull Creek, and thence by said 
creek to Waccamaw River, and thence by said river down to a 
point about half a mile below Prince's Creek, and thence by 
a line running (north 86^^° east) five miles and sixty-seven 
chains, to a cedar post on the sea-shore, planted at low water 
mark; on the southeast by the Atlantic Ocean, including all 
the islands betv/een the last mentioned cedar post and the 
mouth of South Santee River ; on the south and southwest by 
the Counties of Charleston and Berkeley, from which it is 
separated by the South Santee and Santee Rivers as far up as 
Leneud's Ferry ; on the west and northwest by Williamsburg 
County, from which it is divided by the main road leading 
from Leneud's Ferry, on the Santee River, across Potato Ferry 
(on Black River), to Britton's Ferry, on the Great Peedee. 

Sec. 549. GREENVILLE COUNTY is bounded as follows : cSuJ/;"":^^^. 
On the north by the North Carolina line ; on the east and south- dadet."'^ ''°""" 
east by Spartanburg and Laurens Counties, from which it is q §_ ^^g. 
divided as follows : from Spartanburg County, by a line com- vii.f245f I84! 
mencing on the North Carolina line, at a stone marked "S. C," 
on the east side of Blackstock road, near the Tryon Mountain, 
and running (south 2° east) twent3^-two miles and sixty- four 
chains, or until it intersects the Enoree River at Abner's Mill ; 
thence down the Enoree River to a point about one mile and 
three-quarters below Anderson's Bridge (the corner of Green- 
ville and Laurens Counties) ; from Laurens County, by a line 
commencing at said point (opposite Zadock's Ford), and run- 
ning (south 17° west) eleven miles and sixty chains, to a 
point; thence (south 4° east) three miles and forty-five chains, 
to a water oak, marked "L. G.," on Reedy River; thence run- 
ning to the mouth of Line Creek, where it enters the Saluda 
River ; on the west by Anderson and Pickens Counties, from 
which it is separated by the Saluda River. 

Sec. 550. GREENWOOD COUNTY is bounded as M- c^^^ty^'''''°°^ 
lows : That is to say, beginning at the middle line of Saluda 1S97, xx]i., 
River at the northeast corner of Saluda County, thence along g^' 1898, ib.. 
the line of Saluda Countv to its northwest corner on Mountain 




CIVIL CODE 



Creek, thence a straight line to the middle line of Shinburg 
Bridge on Cuffa Town Creek, thence down the middle line of 
Cuff a Town Creek to its junction with Hard Labor Creek, thence 
down the middle line of Stevens's Creek to the mouth of Rocky 
Creek, thence up the middle line of llocky Creek to the Abbe- 
ville and Edgefield County line, thence north 33 degrees west 
to mile post on public road leading from Troy to McCormick 
near George Lebert's residence, thence north 13 degrees west 
to a corner post one hundred and fifty feet (150) south of 
Jordan's old mill on Long Cane Creek, thence northeast 50 de- 
grees two miles and three-quarters, thence northeast 42 degrees 
two miles, thence northeast 27 degrees 50 minutes two miles, 
thence northeast 13 degrees 20 minutes two miles, thence north- 
west I degree two miles, thence northwest 15 degrees 10 min- 
utes two miles, thence northwest 29 degrees 20 minutes two 
miles, thence northwest 43 degrees 35 minutes two miles, thence 
northwest 57 degrees 45 minutes, one and one-fifth miles, to 
post four hundred feet (400) north of Douglass' Mill Bridge 
on Long Cane Creek, thence north 7 degrees west to division 
line between Long Cane and Cokesbury Townships, thence 
up said division line to its crossing of Long Cane Creek, thence 
up the middle line of Long Cane Creek to its crossing of the 
division line between Donald's and Cokesbury Townships, 
thence along said Cokesbury and Donald's Township division 
line to the middle line of Saluda River, thence down the middle 
line of Saluda River to the northeast corner of Saluda County, 
the point of beginning, 
count^^ioci^ Sec. 551. HAMPTON COUNTY is bounded as follows: 
daHet"^ ''°""' On the northeast by Colleton County, from which it is sep- 
G s. 420; arated by the Combahee and Salkehatchie Rivers ; on the north- 
fg^l; xvf.', west by Barnwell County; and on the south by the centre line 
^^^" of the track of the Savannah and Charleston Railroad sep- 

arating it from Beaufort County, of which it was once a part. 
Horry Cqun- Scc. 552. HORRY COUNTY is bounded as follows : On 

ty ; 1 o c a 1 1 on 

and b o u n da- the southcast by the Atlantic Ocean, a line of thirty-one miles ; 

— - — ^^ — ;7:on the northeast by the North Carolina line, beginning at a 

Rg s. 480; iy.,(^e(jar stake (marked with nine notches) on the sea-shore of 

544- Goat Island, about one and a quarter miles east of the mouth 

of Little River, and running from thence until it intersects 

Lumber River (about five and a fourth miles to the east of 

Newsom's Ferry) ; on the west and southwest by Marion and 

Georgetown Counties, from which it is separated as follows : 



OF SOUTH CAROLINA. 237 

A. D. 1902. 



by Lumber River to Little Peedee River, thence by Little ' < ' 

Peedee River to its junction with Great Peedee River, thence 
by Great Peedee River to its junction with Bull Creek, thence 
by said creek to the Waccamaw River, and down this river 
to a point about half a mile below Prince's Creek ; and thence 
by a line running- over to a cedar post on the sea-shore (north 
863^° east) five miles and sixty-seven chains. 

Sec. 553. KERSHAW COUNTY is bounded on the south- coSi^.^H^fer. 
east by Sumter County, from which it is divided by a line be- darier'^ ''°""" 
ginning- at Spivey's Ferry, on Lynch's River, and extending q. s. 422; 
(south 45° west) about twenty-four miles, or until it intersects ^iS;'-^!^,' 69;' 
the Salisbury Road, in Col. D. Stark's plantation ; from thence ixV'ase^'ilt^', 
(south 84° west) about one mile, to Big Swift Creek, opposite^ ' " '"^ ' 
Raglin's Gut ; and thence by this gut to Wateree River ; on the 
southwest by Richland County, from which it is divided by a 
line beginning at the Wateree River, opposite to the last men- 
tioned point, and running (south (i^" west), or by Raglin's 
Creek, to Spears' Creek ; thence up Raglin's Creek to its head ; 
thence by a straight line (north 40%° west) ten miles seven- 
teen chains; thence (north 56}^° west) one mile fourteen 
chains, to a point over Rice Creek, on Peay's plantation, nearly 
half a mile above the fork of Twenty-five Mile Creek; on the 
west by Fairfield County, from it is separated by a line drawn 
from the last mentioned point (north 18^ ° east) twenty-three 
miles fourteen chains, or until it intersects the Wateree River, 
and up the said river half a mile above Peay's Ferry; on the 
northwest and north by Lancaster County, from which it is 
divided by the following lines : beginning at a point on 
Catawba River one-half mile above Peay's Ferry, thence north 
54 E. 9 miles 62 chains to stone corner near Russell Place; 
thence N. 74 E. i mile 37 chains and 50 links to corner at Ham- 
mond's Springs 75 feet left ; thence N. 48 E. 2 miles 63 chains 
to stone corner near Hanging Rock Bridge ; thence south along 
the Salisbury Road 4 miles 16 chains to corner near Bethel 
Church ; thence N. 66 E. 14 miles 76 chains 16 links to Lynches' 
River, separating Chesterfield from Kershaw and Lancaster 
Counties; on the northeast by Chesterfield and Darlington 
Counties, from which it is separated by Lynch's River down to ^L^a n^c a s^ter 
the place of beginning. darler'' ^°"'" 

Sec. 554. LANCASTER COUNTY is bounded as follows: ^ ' ^,,. 

\j. 0. 423 , 

On the north by the North Carolina line; on the west by the^g s. 4^8^; 

Catawba River and Big Sugar Creek from the point where it^s; tv., 662; 

vi'., 69;' VII.', 
284. 




CIVIL CODE 



enters said river to the intersection of the North Carolina line, 
Avhich separates it from the Counties of York, Chester, and 
Fairfield ; on the south by Kershaw County, from which it is 
divided by the line mentioned in the last preceding Section; 
and on the east by Chesterfield County, from which it is sep- 
arated by Lynch's River. 
CoJifyrfoca' Scc. 555. LAURENS COUNTY is bounded as follows : On 
dTdet"'^ '^°""' the southwest by the Saluda River, by which it is separated 
Q ^_ . from Abbeville and Greenwood Counties ; on the northwest 
66i^' ""v^,' zlo; by Greenville County, from which it is divided by a line com- 
iSgi^x^x i^i.! niencing at the mouth of Line Creek, where it enters the Saluda 
^^^' River, and running five miles and forty-five chains to a water 

oak, marked "L. G.," on Reedy River, thence (north 4° west) 
three miles and forty-five chains to a point, thence (north 17° 
east) eleven miles and sixty chains, to the ford on Enoree 
River, opposite Zadock's Ford; on the northeast by the Enoree 
River, which separates it from Spartanburg and Union 
Counties ; on the southeast by Newberry County, from which 
it is divided by the old road leading from Odel's Ford, on the 
Enoree River, to Island Ford, on the Saluda River. 
county! "foca" ^^^- ^^^' LEXINGTON COUNTY is bounded as follows: 
daries"*^ ^""" ^^ ^^^^ north and northeast by Fairfield and Richland Counties, 
Q ^ ~ from which it is separated by the Broad and Congaree Rivers ; 
664?' v.t' 478', °^ ^^^^ southeast by Orangeburg County, from which it is di- 
vn ,^48 t^e- vided by Beaver Creek, from its mouth to the head of its main 
f 8^9^6,' xxn^ ', b^^^^^' ^^^ t'^^^ by ^ direct line to the mouth of the Cedar 
xxih.,^662 '' Poiid Branch, on the north fork of Edisto River; on the south- 
west by Aiken County, from which it is separated by the north 
fork of Edisto River, to the mouth of the south branch of 
Chinquepin Falls Creek, and then by said creek to a point where 
it intersects the line drawn from Silver Bluff, on the Savannah 
River, to the mouth of Rocky Creek, on Saluda River; on the 
northwest by Saluda and Newberry Counties, from which it is 
divided by a line drawn from Silver Bluff, on Savannah River, 
to the, mouth of Rocky Creek, on Saluda River, and thence, on 
the same course, to a point where said line is intersected by 
the line of the corporate limits on the southeastern side of the 
town of Little Mountain, and running thence south 38° east 
thirty-one chains; thence north 52" east one hundred and sixty 
chains; thence north 38° west one hundred and twenty-one 
chains to the point of intersection of the original course of the 
straight line from Silver Bluff to the mouth of Rocky Creek 



OF SOUTH CAROLINA. 




with the incorporate Hmits of the town of Little Mountain 
on its northwestern side; and thence along the original course 
of the straight line from Silver Bluff through the mouth of 
Rocky Creek, on Saluda River, to Broad River. 

Sec. 557. MARION COUNTY is bounded as follows : On ty^Y^c\^tTn 
the northeast by North Carolina, beginning at Lumber River ^f^g '^ ° " "^ *^^" 
at the northwest corner of Horry County, and running (north q s. 426 
473^° west) thirty-one miles and thirty chains to a point desig-^ggf'-^^ff ; J^g 
nated by a dead pine tree, near McKenzie's house, half a miie^g^; i^Hfiis 
south and southeast from the road leading from the Red Bluff xxi'/sor/Tb! 
(on Green Swamp) in Marlboro County; on the northwest by ^'^' 
Marlboro County, from which it is separated by a line be- 
ginning at the said pine tree on the North Carolina line and 
running (south 22^° west) to the Great Pee Dee River, thence 
down the Great Pee Dee River, which divides it from Florence, 
Williamsburg and Georgetown Counties, to the mouth of the 
Little Pee Dee River, thence up the Little Pee Dee and Lumber 
Rivers, separating it on the east from Horry County, the point 
of beginning on said Lumber River. 

Sec. 558. MARLBORO COUNTY is bounded as follows :cLatyfN°oca° 
On the Northwest by Laurens County, from which it is di- daries"'^ ''°""' 
southwest by the Great Pee Dee River, which separates it ^~^ ^37 
from the Counties of Chesterfield, Darlington and Florence ; gggf \fn.,' 199! 
and on the southeast by Marion County, from which it is di- -^'^• 
vided by a line drawn from a dead pine on the North Carolina 
line (south 22jA° west) twenty-four and three-fourths miles 
until it intersects the Great Pee Dee River. 

Sec. 559. NEWBERRY COUNTY is bounded as follows : ^ n e w b e rry 

County; loca- 

On the Northwest bv Laurens Countv, from which it is di- tion and boun- 

- ' danes. 

vided by a line beginning at the Island Ford, on Saluda River, — - — ^ — — 
and running thence along the old road to Odel's Ford, on|^- s.487;iv., 

=5 -^ ^ > 661; VII., 199, 

Enoree River ; and on the North bv a line commencing at Odel's "^^s. 262, 284; 
Ford, on Enoree River, and running thence down Enoree to ^^^• 
Anderson's Ford ; thence along the road to Hill's Ford, on 
Tyger River, thence down the same to the mouth, thence down 
Broad River to Hughey's Ferry, by which it is separated from 
Fairfield County; and on the Southeast by Lexington County, 
from which it is separated by the line mentioned in Sec. 556; 
and on the Southwest by the Saluda River, by which it is sep- 
arated from Greenwood and Saluda Counties. 

Sec. 560. OCONEE COUNTY is bounded as follows : On 
the North by the North Carolina line ; on the East by Pickens 



240 CIVIL CODE 

A. D. 1902. 



^-^"v"'*^ County, from which it is divided by a line covering the South- 
Oconee Coun- gj-j^ boundary of the State of North Carohna where the Toxa- 

ty; 1 o c a t ion -' 

a_n d bounda- ^g^y Riycr enters this State, and thence down the centre of said 
— Q ^ TZ: river, by whatever names known, to Ravenel's Bridge, on Sen- 
f'sr^-' xV'^^^ River, and thence along the centre of the road leading to 
VI '^' 39" 289! Pendleton village, until it intersects the line of the County of 
Irt^ii ^3"" Anderson; on the South by Anderson County, from which it is 
divided by a line commencing at the mouth of Cane Creek, on 
Tugaloo River, and running thence along the line which origi- 
nally separated Anderson from Pickens District to its point of 
intersection with the public road leading from Ravenel's Bridge 
to Pendleton village ; on the West and Northwest by the State 
of Georgia, from which it is separated by the Tugaloo and Cha- 
tooga Rivers. 
c?unfyf "fo^ca^ Sec. 561. ORANGEBURG COUNTY is bounded as fol- 
darief '^ ^°'"" lows : On the north and Northeast by Richland and Claren- 
G. s. <i3o;don Counties, from which it is separated by the Congaree and 
^Vfvii^.'iqg' Santee Rivers; on the southwest by Berkeley and Colleton 
Igj.-^'*''^^^" Counties, from which it is divided by a line drawn (south 52° 
west) from Nelson's Ferry, on the Santee River, to Matthew's 
Bluff, on the Savannah River; on the southwest by Barnwell 
and Bamberg Counties, from which it is separated by the 
South Edisto River; on the northwest by Aiken and Lexing- 
ton Counties, from which it is divided by a direct line drawn 
from A. J. Weathersbee's old mill, on the line between Barn- 
well and Aiken Counties, to the point where the Cedar Pond 
Branch empties into the North Fork of the Edisto, and by an- 
other direct line, drawn from said point where the Cedar Pond 
Branch empties into the North Fork of the Edisto, to the head 
waters of the main branch of Beaver Creek, thence down said 
creek to its junction with the Congaree River. 
Pickens Sec. 562. PICKENS COUNTY is bounded as follows : On 
tion and bo°un- the uorth by the North Carolina line ; on the east by Greenville 

-^^^^t-.^ . County, from which it is separated by the Saluda River ; on the 

R. s. 490; I.', South by Anderson County, from which it is divided by a line 

289,' 341 ;'Vii.; beginning at the mouth of Cane Creek, on the Tugaloo River, 

and thence running to the point where Eighteen Mile Creek is 

crossed by the road leading from Pendleton to Hagood's Store, 

, and thence to the mouth of George's Creek, on the Saluda 

1014."' " 'River; on the west by Oconee County, from which it is divided 

by a line leaving the southern boundary of the State of North 

Carolina where the Toxaway enters this State, and thence down 



OF SOUTH CAROLINA. 




the centre of said river, by whatever names known, to Rav- 
enel's Bridge, on Seneca River, and thence along the centre of 
the road leading to Pendleton village until it intersects the line 
of the County of Anderson. 

Sec. 563. RICHLAND COUNTY is bounded as follows: Richland 

County; loca- 

On the East by Sumter County, from which it is separated by tion and boun- 

the Wateree River; on the north by Kershaw and Fairfield — - — 

... G. s. 432; 

Counties, from which it is divided by a line beginning at theR- s.49i;iv., 

-^ , . 662; Vll., 290, 

mouth of Raglin's Creek, where it empties into the Wateree § 2; v., 219, 
River, and thence up Raglin's Gut and Creek to its source, 
thence by a straight line (north 50° west) twelve miles and six- 
teen chains, to a point designating the corner of Kershaw and 
Fairfield Counties, (which lines form the boundary of Ker- 
shaw County,) thence by a straight line drawn (north 88° 
west) seventeen miles and forty chains, to the intersection of 
Little River, about one mile above the mouth of Shaver's Creek, 
and down said river to its junction with Broad River (which 
separates it from Fairfield) ; on the west and south by the 
Counties of Lexington and Orangeburg, from which it is sep- 
arated by the Broad and Congaree Rivers. 

Sec. 564. SALUDA COUNTY is bounded bv a line be- Saiuda Coun- 

ty; 1 o c a t ion 

ginning at the centre of Big Saluda River at a point op- ^f^^ '^ ° '^ " '^^" 
posite the corner of Edgefield and Lexington Counties, ^g g xxii" 
thence the old Edgefield and Lexington line to the cor-^'^^ 
ner of Lexington and Aiken Counties, thence the old 
Edgefield and Aiken line to a point three miles North of 
where the public road crosses said line near Lybrand's old 
mill, thence a straight line to ten-mile post on public high- 
way leading from Edgefield to Columbia, near the residence 
of J. W. L. Bartley, thence a straight line to the junction 
of the public road leading from Pleasant Cross with the Long 
Cane Road near William Lott's, thence by the Long Cane 
Road to Matt IMathis's Cross Roads, thence a straight line to 
Owdom's Postoffice, thence a straight line to Little Red Hill 
School House near Dr. Landrum's old place, thence a straight 
line to a point on the Northwestern line of Pine Grove Town- 
ship, one mile North of Double Bridges, thence along the 
Northwestern boundary of Pine Grove Township to the point 
on the old Charleston and Cambridge road where it crosses 
Halfway Swamp Creek, thence down the middle of Halfway 
Swamp Creek to a point in the middle of Saluda River opposite 

16.— C 




CIVIL CODE 



the mouth of said creek, thence down the middle of Big Sakida 
River to the initial point. 
cofSt^l'^kTca" Sec. 565. SPARTANBURG COUNTY is bounded as fol- 
darier'^ ^°""Tows : On the North by the North Carolina line; on the West 
G. s. 433; by Greenville County, from which it is divided by a line com- 
66'i Pvif.; 284; mencing on the North Carolina line at a stone marked "S. C," 
i|^9 7, XXII., ^^ ^j^g -g^g^ g-^g ^£ Biackstock's road, near the Tryon Moun- 
tain, and running (South 2° East) twenty-two miles and sixty- 
four chains, or until it intersects the Enoree River at Abner's 
Mill on said river, thence down the Enoree River to a point 
about one mile and three-quarters below Anderson's Bridge 
(the corner of Greenville and Laurens Counties) ; on the 
Southwest by the Enoree River, down to a dead Spanish oak 
below Head's Ford, and a little above the mouth of a small 
creek which divides it from Laurens County ; on the Southeast 
by Union County, from which it is divided by the following 
lines ; beginning at the dead Spanish oak on the North side of 
Enoree River, and running (North 12° East) three miles and 
twenty-six chains, thence (North ly^ East) two miles and 
twenty-eight chains, thence (North 6)4° East) eleven miles 
and fifteen chains, crossing Tyger River, to Fair Forest Creek, 
thence (North 33° 45' East) six miles and thirty-seven chains 
to Pacolet River, a little below Gist's Mill, thence along the 
Western boundary of Cherokee County to the North Carolina 
State line. 
tylTo^c aSTon Sec. 566. SUMTER COUNTY is bounded as follows : On 
ri?s!^ bounda- ^^^^ northcast by Darlington and Florence Counties, from which 
G. s. 434; it is separated by Lynch's River; on the southeast by Claren- 
xii., 416^1 1; don and Florence Counties, from which it is divided by the 
xx.,"si7.^' '^' Northwest line of Clarendon County, mentioned in Section 541 ; 
on the West by the Santee and Wateree Rivers, which separates 
it from Orangeburg and Richland Counties ; on the northwest 
by Kershaw County, from which it is divided by a line running 
up Raglin's Gut to Big Swift Creek; thence (North 84° east) 
over the road leading to Statesburg, and thence (North 84° 
east) twenty-four miles, or until it intersects Lynch's River, 
at Spivey's Ferry. 
Union coun- Scc. 567. UNION COUNTY is bounded as follows : On 

ty; loc a t 1 o n 

daries ^°"""the North by the Pacolet River, which separates it from Chero- 
„ e kee Countv; on the East bv Broad River, which separates it 

G. b. 4 3 s ; 

R s. 404; ly., from York, Chester and Fairfield Counties ; on the Northwest 
662; \ II., 284; ' 

XXIL, 58S. 



OF SOUTH CAROLINA. 




by Spartanburg County, from which it is divided by a line, be- 
ginning at the corner of Cherokee and Union Counties with 
Spartanburg County on the Pacolet River, and running thence 
(South 33^° West) to the intersection of Fair Forest Creek; 
thence (South 6^^° West) across the Tyger River to Hackett's 
Creek; thence (South 17° West) two miles twenty-eight 
chains, to the Cross Keys Road; thence (South 12° West) to 
a dead Spanish oak on the north bank of the Enoree River, a 
little above ]\Iusgrove's Ford, opposite Gordon's Mills ; on the 
Southwest by Laurens and Newberry Counties, from which it 
is divided by the Enoree River, down to Avery's Ford ; thence 
by the road to Crenshaw's Ford, on the Tyger River; thence 
down said river to its junction with the Broad River, which 
forms its southeast boundary. 

Sec. 568. WILLIAMSBURG COUNTY is bounded as fol- coumyT'l'o^a" 
lows: On the Southwest by Berkeley County, from which it 'drier'"'°"''" 
is separated by the Santee River; on the Northwest by Claren- jy., 663; v. 
don and Florence Counties; and is divided from Clarendon lYi;^ ^I's's*! 
County, and in part from Florence County, by a line commenc-xx.'^5^o7;^^A' 
ing at a point on Santee River, extending across into Berkeley ^^"' 
County (South 225^° West) until it intersects the line dividing 
St. John's Berkeley and St. Stephen's Parishes at the Santee 
River; thence (North 22^° East) — with very little variation 
at Black River — to where the line of Florence County, running 
Westwardly from Lynch's River, intersects said line ; thence 
Easterly on Florence County to a point at and above Anderson's 
Bridge on said Lynch's River, so as to cut off twenty-eight 
square miles of the territory of Williamsburg County for Flor- 
ence County; thence down said Lynch's River, which separates 
it on the North from Florence County, to its confluence with 
the Great Pee Dee River; thence down the Great Pee Dee 
River, which separates it from Marion County, to the road lead- 
ing from Britton's and Bradley's Ferry, on said Great Pee Dee 
River, to Leneud's Ferry on the Santee River, the said road 
being the boundary line on the Southeast, separating it from 
Georgetown County. 

Sec. 569. YORK COUNTY is bounded as follows: On thctyj^^o'^ca^tTn 
North by the North Carolina line; on the West by the Eastern ^fel '^ ° "" '"^^' 
line of Cherokee County, mentioned in Section 538; on the g. s. 437; 
South by Chester County, from which it is divided by a line 132; iv^, 662; 
beginning at a hickory tree, on the Southwest side of the Ca- as'is^xv., 425! 
tawba River, about ten chains above the mouth of Ferrill's 




CIVIL CODE 



Creek, and running (nearly South 88° West) by an old line 
called and known by the name of the Line of the New Acquisi- 
tion, to an ash and black gum on the bank of Broad River, on 
Robert Elliott's land ; on the East by the County of Lancaster 
and the North Carolina line. 
Countyf'^''^ °^ Sec. 570. Real and personal estate heretofore conveyer by 
G. s. 438; any form of conveyance to the inhabitants of a County or Dis- 
1868, ' xVv.l trict, to a Committee, or Commissioners, or other persons, or 
134. § 36. existing in a County or District for the use and benefit of a 
County or District, shall be deemed to be the property of such 
County; and such conveyance shall have the same force and 
effect as if made to such County by its corporate name. 
h^v^ing^c^afrof S®^- ^^^- ^^^ public officers having by law the care and cus- 
L" s' ^may "In- ^^*^y °^ town, village, city, or County buildings, are authorized 
sure the same, ^q insurc the Same at the expense and for the benefit of the 
R.^' 4g8;'^ib! ^^^^^> village, city, or County owning the same. 

* 32- ggg Sees. 121-129 — Insurance by Sinking Fund Commission. 

e?ty"*exempt ^60. 572. All Couuty poor farms, poor houses, and hospit- 
il\^ ^^''^ ^'"^als, court houses, jails, and all other public property of every 

G. s. 440; kind or description actually used as such, are forever exempt 
fg^^; xV.if^'om attachment, levy, and sale, on account of any judgment, 
^^^' lien, or claim whatsoever against the County to which they or 

any of them belong. 

Notice of in- gee. 573. Whenever it is desired to incorporate a new County 

tentionto form '^ ■' 

new Counties; in this State, it shall be the duty of those petitioning for same 

p r e 1 1 mmary ' j r Q 

publication. -{-q publish, in ouc or more newspapers in each County from 

1893. XXI., -which it is proposed to take any territory, for at least three 

months before the meeting of the Legislature when same is to 

be applied for, a statement of the proposed County line in said 

Survey to be Couuty, and shall also have made a survev of the territory pro- 
made and map , l-^ • ^ rr 1-10 !■ 

filed. posed to be taken and file same m the oince of the Secretary of 

State for at least thirty days before the meeting of the Legis- 
lature when the charter is to be applied for. No charter shall 

No charter to _,.,,,-. 

be g r a n t e d be granted or such new County formed unless the f oregomg 
provisions have been complied with. 
New Coun- Sec. 574. Whenever two or more sections of an old Countv 

ties, petition _ , 

for. or Counties desiring to be incorporated into a new County shall 

1S96, XXII., file with the Governor a petition signed by one-third of the 
qualified electors residing within the area of each section of an 
old County proposed to be cut off to form a new County, set- 
ting forth the boundaries of the proposed new County, the pro- 
posed name, the number of inhabitants, the area, the taxable 



OF SOUTH CAROLINA. 




property as shown by the last tax returns, and that the proposed 
Hnes for the new County do not run nearer than eight miles of 
any Court House building then established. 

The provisions of Sees. 574-578, being the Act of 1896, XII., 64, considered and 
construed in Segars v. Parrott, 54 S. C, i; 31 S. E., (>•]■}. 

Sec. 575. Within twenty days after receipt of such petition how ordered. ' 
the Governor shall order an election in the territory proposed to ^'b-, § 2. 
be cut off for the new County, to be held within sixty days 
from the date of the order. At such election the electors shall 
vote "yes" or "no" upon the question of creating, and upon the 
name and County seat of such proposed new County. 
. Sec. 576. For the purposes of such election the Commis- Election; how 

■^ ^ ^ conducted. 

sioners of Election for each old County proposed to be cut shall — — — ^ 

appoint three Managers for each voting place in the area of the 
old County proposed to be cut off, not more than two of whom 
shall be in favor of the proposed new County or against it, and 
shall deliver to them the books of registration for those voting 
places, which the registration officers shall turn over to the 
Commissioners on demand. Such election shall be conducted 
in the same manner as general elections in this State, and all 
persons entitled to vote under the Constitution and laws of this 
State at general elections shall be entitled to vote at such 
election. 



Sec. 577. The Commissioners of Election for each old County c 



Duties of 
ommissioners 



proposed to be cut shall canvass the returns of the managers of °^ Election to 
each precinct in their County at which such election has been^ 



canvass the re- 
urns, &c. 



held, as such returns in general elections in this State are can- -if^^' ^^^^^•• 
vassed, and shall certify the result thereof in tabulated state- 
ment of the vote at each precinct to the Secretary of State, who 
shall transmit a tabulated statement of the vote at each pre- 
cinct of an old County proposed to be cut off to both branches 
of the General Assembly at its next session. The said Com- 
missioners of Election, respectively, shall have the power, and 
it is hereby made their duty as judicial officers, to decide all 
cases under protest or contest that may arise, subject to appeal 
to the Board of State Canvassers. The decision of said Com- 
missioners of Election shall be final and conclusive evidence of 
the result of the election, unless appealed from within five days, 
in which case a decision of the Board of State Canvassers shall 
be final and conclusive evidence of the result of the election on 
all questions of fact. 

Under Sees. 576 and 577 the result of the election must be determined by the 
same method as in general elections. — Segars v. Parrott, 54 S. C, i; 31 S. E. d-jy. 



246 CIVIL CODE 

A. D. 1902. ~ 

^^ V- — ' Sec. 578. The General Assembly at its next session shall 

Duty of Gen- create such new County if two-thirds of the qualified electors 

eral Assembly. - ^ 

Y^ voting at such election shall vote in favor of the establishment 

of such new County, and if all the Constitutional requirements 
for the formation of new Counties have been complied with, 
of all of which such General Assembly must judge. 

See Segars v. Parrott, supra. 

Sec. 579. Whenever the citizens of anv County desire to 

H o \v Court _ - _ _ -^ 

House may be niovc the Court Housc they shall file a petition to that effect 

moved. 



— Stating the point to which the Court House is proposed to 
be removed, signed by one-third of the qualified electors of 
such County, with the Governor, who shall within twenty days 
after the filing order an election in said County to be held with- 
in sixty days, at which election the electors shall vote for or 
against removal. The Commissioners of Election for such 
County shall appoint Managers of each precinct in the County 
and furnish them with the necessary boxes and registration 
books, which the officers of registration are hereby authorized 
to furnish the Commissioners. Such election shall be conducted 
as general elections in this State, and all electors qualified to 
vote at general elections shall be entitled to vote thereat. The 
Commissioners of Election of such County shall receive the re- 
turns of the Managers and tabulate the vote and declare the re- 
sult. If two-thirds of the qualified voters voting in such elec- 
tion vote in favor of such removal, the County Board of Com- 
missioners shall take the necessary steps to remove the Court 
House and public records of such County to the place desig- 
nated. 
How County gee. 580. Whenever the citizens of any section of one County 

lines may be .....' 

changed. dcsire to be incorporated within the limits of an adjommg 

^^- County, they shall file a petition with the Governor to that ef- 

fect, stating the area proposed to be cut ofif, from what County, 
and to what County added, and the two Counties as proposed to 
be changed would still meet all the Constitutional requirements, 
signed by one-third of the qualified electors residing in the area 
sought to be cut off. Upon the filing of said petition the same 
procedure shall be had as in the formation of new Counties as 

vo^fng'piacr° provided in Sections 574, 575, 576, 577 and 578 : Provided, When 
there is no established polling place or voting places in the area 
proposed to be cut off, the petitioners may name a voting place 
or places in their petition, and in such case the Governor shall 
in his order of election designate the place or places named in 



OF SOUTH CAROLINA. 




the petition as the voting place or places and managers of elec- 
tion shall be appointed therefor, and all electors otherwise 
qualified shall be allowed to vote at such voting place named in 
said. order as is most convenient as legally as if their registra- 
tion certificates called for that place by name. 

Sec. 581. Whenever the citizens of two or more Counties de- ^^ ^^'^ ^'■^° 

Counties may 

sire to consolidate them into one they shall file a petition with consolidate, 
the Governor to that eft'ect, signed by one-third of the qualified 
electors residing in the counties, and upon the filing of such pe- 
tition the same proceedings shall be had as in the formation of 
new Counties provided for in Sections 574, 575, 576, 577 and 
578. At the election ordered upon said petition the electors 
shall vote for or against consolidation, the name of the new 
Countv and the location of the Countv seat. 



TITLE VI. 

OF STATE AND COUNTY OFFICERS. 



Chapter XVIII. General Provisions Relating to Public 

Officers. 
Chapter XIX. The Executive Department and Officers 

Connected Therewith. 
Chapter XX. Countv Officers. 



CHAPTER XVIII. 

General Provisions Relating to Public Officers. 

Article i. Official oaths and bonds. 
Article 2. Sales of public offices. 
Article 3. ^Miscellaneous provisions. 



Sec. 
582. 



583. 



584. 



ARTICLE 1. 
Official Oaths and Bonds. 



Additional oaths required of 

certain officers. 
Additional oaths of County 

officers in respect to sharing 

profits. 
Form of bond to be given by 

all public officers. 



Sec. 



585. Special liability for attorney's 

fees on Dispenser's bonds. 

586. The Attorney General may 

employ assistant counsel for 
the enforcement of such 
bonds. 



248 



CIVIL CODE 



A. D. 1902. 



Sec. 
587, 



Printed forms of bonds ; who 
to procure and distribute. 

588. Clerlis to receive blanks and 

give to officers. 

589. Sureties ; number of ; resi-^ 

dence ; contribution among ; 
&c. 

590. By whom bonds must be ex- 

amined and approved. 

591. Who to approve form and ex- 

ecution of ; where deposited. 

592. Bonds of County officers to be 

recorded. 

593. Annual examination of ; by 

whom ; and proceedings 
taken. 

594. County Commissioners to ex- 

amine and report annually 
upon sufficiency of County 
officers' bonds. 



Sec. 



595. Suit on bonds ; certified copies 

in evidence. 

596. Distribution of public moneys 

recovered on bond of offi- 
cer, &c. 

597. Sureties desiring relief ; how 

to proceed. 

598. Proceedings when new bond 

required and default under ; 
vacancy declared. 

599. Bond of surety company au- 

thorized ; payable to the 
State. 

600. Foreign companies may write 

bonds on compliance with 
law and with consent of 
certain State officers. 



1894, XXI., 
716. 



Oath. 



Addid o n a 1 Section 582, In addition to the oath of office now required by 
siieriffs and Article III ; Section 26, of the Constitution to be taken by every 

others. 

Sheriff, Deputy Sheriff, Constable, police officer, Marshal, and 
all other peace officers whose duty it is to enforce the laws of 
this State, every such officer shall further make oath that he will 
enforce the Act entitled "An act to declare the law in reference 
to and further regulate the use, sale, consumption, transporta- 
tion and disposition of alcoholic liquids or liquors within the 
State of South Carolina, and to police the same," approved De- 
cember 23d, 1893, known as the Dispensary Law, and Acts 
Q Q ^ ^. amending the same, and each Sheriff, Deputy Sheriff, Coroner, 
^o 's- ',5 03; and their deputies, and every Magistrate and all Constables, 

1816, VI., 27, jr ' J o ^ ^ 

§ 3- shall, before 'they be qualified to act m their and each of their 

respective offices, in addition to their respective oaths of office, 
severally take also the following additional oath : "I, A. B., do 
solemnly swear (or affirm, as the case may be,) that in the ex- 
ecution of the office to which I have been elected (or appointed) 
I will, to the best of my ability, enforce the penalties prescribed 
by law against gaming and the keeping of gaming tables, and 
will not fail to bring to justice all violations of the same that 
may come within my view or knowledge. So help me God." 

All officers charged with the preservation of the peace shall 
also take before entering upon the duties of their office, the fol- 
lowing additional oath, to be administered in like manner as the 
said oath prescribed by Article III, Section 26 of the Constitu- 
G. s. 4 4i;tion: "I will, to the extent of my ability, enforce the penalties 

1880, X v 1 1.' prescribed by law against duelling, and will not fail to bring to 



OF SOUTH CAROLINA. 




justice all persons offending against the said law that may come 
within my view or knowledge." 

Sec. 583. Each County officer elected or appointed, shall, be- ^^^^^ M^nWed 
fore entering upon the duties of his office, in addition to the ^^e^s°""n^' °e- 
other oaths required by law, including the oath with regard to f^^^proats^''^'^" 
duelling, take the following oath : "I, A. B., swear (or affirm, as q_ ^ ^^,. 
the case may be,) that I am under no promise, in honor or law, J^'^g.^i.^ 384! 
to share the profits of the office to which I have been elected, l^^; xvii., 
(or appointed, as the case may be,) and I will not, directly or 
indirectly, sell or dispose of said office or the profits thereof; 
but will resign, or continue to discharge the duties thereof dur- 
ing the period fixed by law, if I so long live. So help me God." 

Sec. 584. Jhe bond given by any person elected or appointed 
to any office for which bond is required shall be of the form 
following : 

"State of South Carolina. 

"Know all men by these presents, that we (here insert the to be™ghren°by 
names of the person and his sureties) are held and firmly bound leers. 
unto the State of South Carolina, in the penal sum of (insert g.^s. 443; 
the amount required by law) dollars, to the payment of which, 1829, vi., 383'. 
well and truly to be made, we bind ourselves, and each and *" 
every of us, our heirs, executors and administrators, firmly 
by these presents. Sealed with our seal, and dated this (insert 
the day) day of (insert the month) Anno Domini one thousand 
eight hundred and (insert the year) and in the (insert the 
year) year of the Independence of the United States of Amer- 
ica. 

"Whereas, the above bound (insert the name of the person 
appointed or elected) hath been appointed (or elected, as the 
case may be,) to the office of (insert the office.) 

"Now, the condition of the above obligation is such that if 
the above bound (insert the name of the person appointed or 
elected) shall well and truly perform the duties of said office, as 
now or hereafter required by law, during the whole period he 
may continue in said office, then the above obligation to be void 
and of none effect or else to remain in full force and virtue. 

"Sealed and delivered in the presence of : 

" . (L. s.) 

"(Here place name of witness.)" 

Execution of. — Commissioners v. Yongue, i Brev., 22; Commissioners v. Muse, 
3 Brev., 150; Comptroller v. Waring, 3 Dess., S7- Liability on, for failure of 
duty. — Commissioners v. Moore, 2 Brev., 51; Treasury v. Mayrant, 2 Brev., 228; 
Treasurers v. Moore, i N. & McC, 214; Treasurer v. Bates, 2 Bail., 363; Treas- 



250 CIVIL CODE 

A. D. 1902. 



^^— "^v-^»^ urer V. Burch, 2 Hill, 519; McCauley v. Heriot, Riley Eq., 19; Williamson v. King, 
McM. Eq., 41; Treasurers v. Oswald, 2 McM., 145; Treasurers v. Clowney, 2 
McM., 510; Treasurer v. DeSaussure, 2 Speers, 180; Lowndes v. Pinckney, i Rich. 
Eq., 15s; McKenna v. Secrest, 4 Strob. Eq., 160; Reynolds v. Timmons, 7 S. C, 
486; Greenville County v. Runion, 9 S. C, i; State v. Baldwin, 14 S. C, 135; 
Tinsley v. Kirby, 17 S. C, 8; State v. Moses, 18 S. C, 372; lb., 20 S. C, 470; 
State V. Lake, 30 S. *C., 43; 8 S. E., 322; Strain v. Rabb, 30 S. C, 342; 9 S. E., 
271; State ex rel. Elliott v. Jeter, 59 S. C, no; 38 S. E., 134. Period covered 
by. — Commissioners v. Greenwood, i Dess., 450; Commissioners v. Boquet, i Dess., 
599; Treasury v. Mayrant, 2 Brev., 228; Carolina Society v. Johnson, i McC, 41; 
Treasurer v. Lang, 2 Bail., 430; Treasurer v. Harris, i Hill, 282; Vaughn v. Evans, 
I Hill Ch., 414; So. Ca. V. Smith, 2 Hill, 589; Posey v. Ramey, 4 Strob., 20; Street 
v. Laurens, 5 Rich. Eq., 227; State v. Moses, 20 S. C, 470. Action on. — Commis- 
sioners V. McKie, I N. & McC, 575; Commissioners v. Newby, i McC, 184; Treas- 
urer V. Wiggins, I McC, 56S; Treasurer v. Bates, 2 Bail., 362; lb., i Hill, 409; 
Williams v. King, McM. Eq., 41; Treasurers v. Oswald, 2 McM., 145; Treasurers 
V. Rivers, 2 McM., 207; Treasurers v. Buckner, 2 McM., 323; Mitchell v. Lau- 
rens, 7 Rich., 109; State v. Toomer, 7 Rich., 216; Greenville County v. Runion, 
'9 S. C, i; State v. Cason, 11 S. C, 392; Aiken County v. Murray, 35 S. C, 508; 
14 S. E., 954. Stat. Limitations. — Williamson v. King, McM. Eq., 41; Treasurers 
v. McPherson, 2 McM., 69; Reynolds v. Timmons, 7 S. C, 486; State v. Lake, 30 
S. C, 43; 8 S. E., 322; Strain v. Rabb, 30 S. C, 342; 9 S. E., 271. Judgment 
on. — Treasurer v. Moore, i N. & McC, 214; Treasurer v. Ross, 4 McC, 273; 
Treasurer v. Burch, 2 Hill, 519; Treasurer v. Munday, 3 Hill, 167; Treasurer v. 
Buckner, 2 McM., 323; Norton v. Mulligan, 4 Strob., 555; Mitchell v. Laurens, 
7 Rich., 109; State v. Moses, 18 S. C, 373. Costs. — Leslie v. Taggart, 2 McM., 
71; State V. Wiley, 2 Strob., 113; Rowell v. Mulligan, 2 Strob., 379; lb., 4 Strob., 
349; Strain v. Rabb, 30 S. C, 342; 9 S. E., 271. Generally. — Dunlap v. Bynum, 
4 Dess., 646; Treasurers v. Stevens, 2 McC, 107; Treasurers v. Ross, 4 McC, 
^ly^ Treasurers v. Burch, 2 Hill, 519; McBee v. Hoke, 2 Speers, 138; State v. 
Warner, 7 Rich., 225. 

442°°' ■^-^^^^•' Sec. 585. County Dispensers shall give bond in the form 

Bonds of prescribed by the preceeding Section ; and the obligors on the 

pens"rl^^ ^'^' bonds of County Dispensers shall be liable for all attorney's 

fees incurred in the collection of any shortage covered by said 

bonds. 
G^erai ^m a ^ ^®^- ^^^- '^^^ Attomcy General is hereby aut'horized, in case 
ant'^counsef ^to ^^ dccms it ncccssary, to employ assistant counsel in all cases 
enforce bonds. fQj- |.]^g enforcement of said County Dispensers' bonds and the 
442.°°' ■^^^^^•' collection of the penalties thereunder ; the compensation of said 

assistant counsel shall be paid out of the sums recovered in 

such actions on such bonds. 
Co mptroiier Scc. 587. It shall be the dutv of the Comptroller General to 

G e n e r a 1 to 

have b la nk ascertain the number of officers in this State from whom bonds 

forms of bonds 

F.ri.n ted and are required, and to cause an equal number of said bonds to be 

distributed to -"^ ' 

Counties. printed annually, at the expense of the State, having thereon 

R ^' o'-Vi'^^^ blank forms for the proper officers to approve securities, 

384, § 2. ' and for probate ; and to distribute to each County, annually, a 

number of said bonds equal to the number of officers from 

whom bonds are required in said County respectively. 



OF SOUTH CAROLINA. 




Sec. 588. It shall be the duty of each Clerk to receive the 
bonds for his County, and to deliver one to each person elected ^ f J v^e^ bfanks 
or appointed to any such office, whenever called for. ficers^'^*^ *° °^' 

Sec. 589. The limit to the number of sureties allow^ed upon q. s. 445; 
an official bond shall in no case be more than twenty. Each ^' ^' ^°'^' 
surety may state in writing the amount of the liability assumed su^ties^^^ ° ^ 
by him, beyond which amount he shall not be held. The aggre- g. s. 452; 
gate of the amounts assumed by all the sureties shall not be ^iee, ' xiii.', 
less than the penalty of the bond. In cas'e of loss or default,"^ ^' ^ " '^' 
the sureties will be entitled, as between each other, to contri- 
bution in the proportion of their liability. The sureties on 
bonds of all County officers must be citizens of the County in 
which their principal resides ; and in the case of the Sheriff, 
Coroner, Clerk of the Circuit Court, Judge of Probate, and 
County Treasurer, their number shall not exceed twelve or be 
less than two. 

Sec. 590. The official bond of each officer of the Executive bonds must°be 
Department must be submitted to the Governor for his ap-app™ved. 
proval. The official bonds of all County officers must be ex- g. s. 466, 
amined and approved or disapproved by the County Board of jos-'cen. stat! 
Commissioners, except their own bonds, which must be ex- 1 s 6 1', xfv.', 
amined and approved or disapproved by the Clerk of the Court xv., 986, /a; 
or the Attorney General. In all cases in which the County 481. 
Board of Commissioners refuse to approve the bond of any 
County officer, such officers may refer the same to the Attor- 
ney General, and if approved by him, after hearing evidence, 
they shall be accepted by the County Board of Commissioners. 

State V. Yates, 3 Hill, 230. 

Who to ap- 

Sec. 591. The bonds of all public officers of the State shall, prove form 

and execution 

before they are accepted or recorded, be examined by the Attor- of;, where de- 

ney General or by one of the Solicitors, who must certify in — - — r — 

writing upon the bond that he approves the form and execution R-_ s. ^s^? 9; 

thereof; when so examined, approved and certified, the bonds of 301- 

State, District or Circuit officers shall be filed with the Secre- ^901, xxiii., 

' 750. 

tary of State, and shall be recorded by him, without charge in 
suitable books kept by him for the purpose ; and when so re- 
corded shall be filed as aforesaid with the State Treasurer ; 
Provided, That the bond of the State Treasurer shall be filed 
with the Governor. 

Sec. 592. Every County officer elected or appointed, who is 
required to give bonds for the faithful performance of the 
duties of his office, shall, within thirty days after notification of 




CIVIL CODE 



his election or appointment, have his said bond recorded in the 
County officers officc of the Register of Mesne Conveyance for the County in 
to be recorded, ^j^j^^j^ g^^.]^ officcr rcsidcs, and the Register shall keep a sep- 
R.^'s.^'sl'^ol arate book, properly indexed, for the purpose of recording such 
38^2,^ /4;'^i9?i" bonds, which book shall be provided by the County Commis- 
xxiii., 749. s^Qj^gj-g . ^j^(j j^g shall be entitled to exact a fee from the public 
officer of one dollar for recording his bond. 

Such bonds when recorded shall be immediately transmitted 
to the Secretary of State, who shall file the bonds of County 
Dispensers with the State Board of Directors of the Dispen- 
sary, and the bonds of all other County officers with the State 
Treasurer. 
amination of; Scc. 593. All such official bouds shall be annually examined 
p^r o c°e"edings by a board to consist of the Secretary of State, Comptroller 

General and Treasurer of the State, except their own bonds, 

448;'r.s. ci^''- which shall be annually examined by the Governor. If anv 
381 ; '1820, vl! surety on any such official bond should die, or depart perma- 
^'^^' ^' nently from the State, or if the said Board, or the Governor, re- 

spectively, should, at the time of the examination, or at any 
other time, be of opinion that either of the said sureties is not 
worth as much clear of debt as his proportion of the obligation 
to which his name is affixed, the said Board or the Governor, 
as the case may be, shall cause the said public officer whose 
surety has departed this life or removed from the State, or is 
objected to for insufficiency of estate, to be notified of such ex- 
ception; and the said officer shall, within thirty days after the 
service of such notification, procure other surety satisfactory to 
the said Board or the Governor, as the case may be, for such as 
have departed the State or died, but so as not to cancel or at all 
impair the original bond, or produce satisfactory evidence to 
the said Board or the Governor, as the case may be, that the 
surety objected to as owning insufficient property, as aforesaid, 
is worth as much as his proportion of the said obligation, clear 
of debt ; or else the said officer shall procure such additional 
and sufficient surety or sureties as the said Board or the Gover- 
nor, respectively, shall approve of; and in default of compliance 
with either of the said requisitions within the said thirty days. 
County Com the officc of the said defaulting officer shall be regarded as 

missioners to 

examine and VaCant. 

upo'n sufficfen^ Scc. 594. It shall be the duty of the County Commissioners 

otecers' bonds, in cach and every County in the State to make an annual exami- 

R. s. =;i2; nation into the sufficiencv of all the Countv officers' bonds 

1876, XVI., 
699. 



OF SOUTH CAROLINA. 




within their respective Counties, and within ten days thereafter 
report to the Comptroller General, to be laid before the State 
Board for its action according to law, any that may, in their 
judgment, be insufficient. 

Sec. 595. The bond of any public officer in this State may at pu^Hc" officers 
all times be sued on by the public, any corporation, or private onT and cent- 
person, aggrieved by any misconduct of any such public officer ; fn tv^deLe!^^'^ 
for which purpose the officer or officers, for the time being, q s. 450; 
with whom such bond may be filed, or recorded upon applica- f^^f ; ^xtiif.', 
tion at his or their office, shall deliver to any person applying ^^°' 
therefor and paying the fees for doing the same an exact and 
certified copy of the bond of such public officer there deposited, 
or recorded ; which copy so certified shall be good and sufficient 
evidence in all suits to be instituted in any Court of this State. 

Treasurer v. VVitsell, i Speer, 220. 

Sec. 596. Whenever any officer of this State, charged with of moneys d" 
the care, collection, or disbursement of public funds, is required saiesfetc. ^°"^ 
to give bond to the State, and a recovery is had upon said bond, g. s. 451; 
or any moneys are seized, levied upon, or attached in his hands, ' ' ^^'^' 
or turned over or surrendered by such officer to the State 
Treasurer, upon his commitment to jail, under warrant from 
the State Treasurer, the moneys so recovered, seized, levied 
upon, attached, or surrendered, or turned over, shall be dis- 
tributed between the State, County, school, or other specific 
funds, in proportion to the several amounts due by the said offi- 
cer to the State, County, school, or other specific funds, at the 
time of such recovery, seizure, attachment, levy, or surrender. 
The provisions of this Section shall only apply to suits, seizures, 
attachments, or levies by or surrenders to public officers, and 
not to suits upon the bonds of such officers brought by private 
individuals. 

Sec. 597. When any of the sureties of any officer elected or dem'inT'reHeZ 
appointed to any office shall, in writing, notify the proper offi- j^ g ^ ^ ^. 
cer, whose duty it is to approve the bond of such officer, that ^g^^^ 7. xix., 
they desire to be relieved from their suretyship, it shall be the 
duty of the officer authorized by law to approve the same to 
require said officer to execute a new bond with security, which, 
when approved, shall be as valid as the bond given on the origi- 
nal election or appointment of such officer ; and the sureties ^^"^ ^°"'^- 
upon the prior bond shall be released from responsibility for all ^ g j g ^^^ of 
acts or defaults of such officer which may be done or comniitted p"""" sureties. 
subsequent to the approval of such new bond. 




CIVIL CODE 



Sec. 598. When any officer shall be required to execute a new 
fic°''7s to hfs bond, with security, as provided for in Section 597, he 
new bond. g|^^|| pj-Qceed forthwith to execute such new bond, and 
7i,.^ s. 516; submit the same for approval to the officer authorized by law 
to approve the same, and if he shall fail or neglect to so execute 
on^ his'^fafi-rr? ^"^1 submit such nc w bond, or fail or neglect to execute and 
submit a bond satisfactory to the officer authorized to approve 
the same within thirty days after having been required so to 
do, the said officer, as the case may be, shall forthwith report 
to the Governor of the State that such officer has been duly re- 
quired, under the provisions of Sec. 597, to furnish a new bond, 
and that such officer has failed so to do, and, upon being so in- 
formed, and upon receiving a certified copy of all the papers 
relative to the case, it shall be the duty of the Governor, by pub- 
d e c^are°oifice ^ic proclamation, forthwith to declare the office held by such 
defaulting officer vacant, and such office so made vacant shall 
be fified?'^^ ^^ be filled in the manner now provided by law. 

This remedy exclusive. — Ex parte Charles, 48 S. C, 279; 26 S. E., 605. 

Sec. 599. Any County or State officer, Trustee, Executor, 

surety com- Administrator, Guardian or other person or persons, who is 

ized. now or may hereafter be required to give bond conditioned for 

R- s. 517; the faithful performance of his legal duties, with sureties, may, 
1892, XXL, . ^ - . ^ , , . . , . 1- 

76; ^1894, XX., in lieu thereof, secure and furnish a bond of indemnity, or policy 

xxii., 28. ' of assurance or insurance, for the amount now or hereafter re- 
quired by law for such officer or person, written by a company 
duly corporated and empowered by law to execute bonds or 
policies of suretyship and of guarantee against loss by reason 
of defalcation, infidelity, misfeasance or malfeasance on the part 
of the assured : Provided, That such bond or undertaking be 
approved by the head of department, officer. Board or body, 
executive, legislative or judicial, required to approve or accept 
the same. But no officer or person having the approval of any 
bond shall exact that it shall be furnished by a Guarantee Com- 
pany or by any particular Guarantee Company. Provided 
further, That said Company, unless it be incorporated under 
the laws of this State, comply with the law regulating Foreign 
„ , Insurance Companies. The said bond or policv shall be made 

To be pay- ^ ^ 

able to State, payable, in case of loss, to the State, 
j^ g ^g. Sec. 600. Any foreign company empowered by its home 
■ 9 4, XXL, charter to issue bonds or policies or suretyship may, by the con- 



7S7 



sent and approval of the Governor, Comptroller General and 
Secretary of State, issue said bonds in this State: Provided, 



OF SOUTH CAROLINA. 



That they comply with the law now of force in this State regu- 
lating foreign insurance companies, all of which law which is 
now of force is hereby made applicable to companies issuing 
bonds or policies of suretyship. 




Sec. 
601 



ARTICLE II. 

Sale of Public Offices. 



The buying and selling of of- 
fices forbidden ; penalty. 
602. Bargains for sale, and sale of, 
void. 



Sec. 

603. Acts done by delinquent offi- 

cers before removal valid. 

604. Nepotism prohibited. 



Section 601. If any person or persons bargain for the pur- ^^^Jhe^^ Wmg 
chase or sale of, or sell, any office, or deputation thereof, or any ^^'^^penai'ty.'^' 
part of the same, or receive any money, fee, reward or any other ^ g ^ ^ ^. 
profit, directly or indirectly, or take any promise, agreement, ^^^g^^jjjS 2^0; 
covenant, bond, or any assurance for the payment of any money, § ^• 
fee, reward or other profit, directly or indirectly, for any office 
or the deputation thereof, or any part of the same, or to the 
intent that any person should have, exercise or enjoy any office 
or the deputation thereof, or any part of the same, which office, 
or any part thereof, shall in any wise touch or concern the ad- 
ministration or execution of justice, or the receipt, control of 
payment of any public treasure, money, rent, revenue, account, 
auditorship, or surveying of any public lands, or which shall 
touch or concern any clerkship to be occupied in any Court of 
record wherein justice is ministered; every such person or per- 
sons shall not only lose and forfeit all right and interest in or 
to the said office or deputation thereof, or any part of the same, 
but shall immediately, upon the payment of said fee, money, or 
reward, or upon any such promise, covenant, bond or agree- 
ment, had or made for the payment of such fee, sum of money 
or reward, be adjudged a disabled person in the law, to all in- 
tents and purposes, to have, occupy or enjoy the said office or 
deputation, or any part thereof, for which any such person or 
persons shall so give or pay, or make any promise, covenant, ^ 
bond or other assurance to give or pay, any sum of money, fee 
or reward. 



256 CIVIL CODE 

A. D. 1902. 



.^^^"^^^^^^ Sec. 602. Every bargain, sale, promise, bond, agreement, 
officerV^id" °^ covenant, and assurance, as before specified, shall be void to and 

Q g — TTT: against him and them by whom any such bargain, sale, bond, 
R^s. 521; 111., pj-Qj^jse, covenant, or assurance, shall be had or made. 

Official acts, Scc. 603. If any person or persons shall ofi'end in anything 

perform ed irr r 1 ,. ^. 

a f t er offence Contrary to the tenor and ettect of the two preceding Sections 
movai, valid, of this Chapter, yet, notwithstanding, all judgments given, and 
G. s. 556; all other act and acts executed or done by any such person or 
' persons so offending, by authority or color of the ofitice or 
deputation which ought to be forfeited, or not occupied, or not 
enjoyed, by the person so offending, after the said offence so by 
such person committed or done, and before such person so of- 
fending for the same offence be removed from the exercise, ad- 
ministration, and occupation of the said office or deputation, 
shall be and remain good and sufficient m law, to all intents, 
constructions, and purposes. 
1896, XXII., Sec. 604. It shall be unlawful for any person at the head of 
any department of this government to appoint to any office or 
position of trust or emolument under his control or manage- 
ment any person related or connected with him by consan- 
guinity or affinity within the sixth degree. 



ARTICLE III. 

IVIlSCELLANEOUS PROVISIONS. 



Sec. 

605. Officers or their representa- 

tives must turn over moneys 
to successors ; within what 
time ; penalty. 

606. Contracts must not exceed 

tax levied or appropriation 
made. 

607. Public funds not to be di- 

verted. 
60S. Officer not to absent himself 
from State without leave ; 
exceptions ; forfeitures. 



Sec. 

609. No officer to issue certificate 

of indebtedness ; no State 
officer to draw checks, ex- 
cept against fund to his 
credit. 

610. Officer not entitled to pay 

until commissioned, &c. 

611. County officers required to 

keep itemized account of 
cost' and fees. 

612. Supervisors to keep record of. 



Offi c e r s or 

tatives'^^m^Tt Scction 605. It shall be the duty of every Sheriff, Judge of 
moneys to'luc^ Probatc, Clerk of the Court of Common Pleas, County Treasur- 
cessws;ji^m ^^^ ^^^ ^^^ ^^^^^ ^^^^^ ^^ Couuty officer intrusted with funds by 

penalty^ ^ yirtuc of his ofifice, upon his retiring from office to turn over to 

R. 's. '5^3! his successor all monevs received by him as such officer, and 

I 8 7 4, X v., 
674; I 8 8 s. 
XIX., 158. 



OF SOUTH CAROLINA. 257 

A. D. 1902. 



remaining in his hands as such officer, within thirty days from ~"~-^^^ ' 

the time when his successor shall have entered upon the duties 
of his office, in the same manner as he is required by law to 
turn over the furniture, books and papers ; and the successor 
shall receive and be responsible for the moneys so turned over 
to him, in the same manner as he is liable for other moneys re- 
ceived by him officially. 

Upon the death of any such officer, his personal representa- 
tive or representatives shall pay over to the successor of such 
deceased officer all moneys which such deceased officer had in 
his hands officially at the time of his death within twelve 
months after he, she or they have assumed the administration 
of such estate ; and upon his or their neglect or failure to do so, 
without good cause, the estate of such deceased officer and the 
sureties on his official bond shall be liable to pay to such suc- 
cessor the amount due, with interest at the rate of five per cent, 
per month thereon, after the expiration of such term of twelve 
months, to be recovered by action brought by such successor for 
the benefit of the parties entitled to receive such money. 

Master included in provisions of this section. — Peake v. Young, 40 S. C, 41; 
18 S. E., 237. 

Sec. 606. It shall be unlawful for any public officer, State or Must enter 

,-^ , . , , , . into 110 con- 

County, authorized by law to so contract, to enter into or con- tract in excess 

tract, for any purpose whatsoever, in a sum in excess of the tax '■ 

levied, or the amount appropriated for the accomplishment ofR. 's. '523- 

1 XV., 692. 

such purpose. 

Sec. 607. It shall be unlawful for any public officer. State or Public funds 
County, to divert or appropriate the funds arising from any tax"°rted° ^"^ ^^' 
levied and collected for any one fiscal year to the payment of g. s. 459; 
any indebtedness contracted or incurred for any previous fiscal^" '^^^'' ^^' 
year. 

Sec. 608. No State or County officer, except members of the ^^^ "^""^ "afslnt 
General Assemblv and the Governor, shall be absent from the *, ^ ^ ™ ^ ^i/f 

' _ from the State 

State during his term of office for more than thirty days in without leave 

'=' -^ -' of the Oover- 

any one year without special permission, to be granted by the^^^^j 



Governor of the State. „ g. s. 461; 

_ R. b. 5 2 6; 

Any such officer violating the provisions hereof shall forfeit ^vi., 245. 
to the State, upon conviction, the amount of the salaries and 
perquisites of his office for the year in which said absence oc- 
curs. 

Sec. 609. It shall be unlawful for any State or County offi- 
cer to issue any certificate of indebtedness. This provision 

17.-C 




CIVIL CODE 



shall not apply to the issuing of tickets to jurors or witnesses 
issue^ Iny c"r- ^^^ attendance on the Circuit Courts. 

debfJdncss Tr Nor shall it be lawful for any State officer to draw a warrant 
except^ alainst ^^ check f or any public debt except upon money then actually 

■ "" ^' to his credit on that account in the hands of some bank or pub- 

R,S.^-5t'7: lie officer. 

■' ^ '^^ Sec. 610. No executive, judicial, or other officer, elected or 

office/'^entitied appointed to any office in the State, shall be entitled to receive 

salary""^ '^ any pay or emoluments of office until he shall have been duly 

G. s. 582; commissioned and qualified, and shall have given bond when so 

1901,^'xxiii.', required to do by law. 

750. § S- McCoy V. Curtis, 14 S. C, 367. 

County oiti- Sec. 611. Each County officer shall be required to purchase 

cers to keep.. ^ ^ 

itemized state- and kccp in his officc, opcn to public inspection during office 

ments of costs . . . 

and fees re- hours, a book in which shall be kept an itemized account of all 

ceived. 

moneys received by or due to him, whether received by him. or 

lSq7, XXII., ■' . ■' ' ■' 

458; 1898, ih., due to him as salary, fees or costs, or in any other manner, as 

742. 

pay to him for his services by virtue of his office : Provided, 

That nothing herein contained shall be construed to require any 

officer to demand the payment of his fees and costs in advance. 

Copy to be At the close of each fiscal year each Countv officer shall trans- 
f 1 1 e d w 1 1 h . . . -; 

County Super- mit an itemized copy of said account, under oath, to the office 

visor. 

of County Supervisor. 
Supervisor to Scc. 612. The County Supervisor, in addition to other books 

enter on a book .,..,,,,, 

total receipts, kept in his office, shall keep a separate book m which he shall 
^fc- enter upon his books the total amount of each account so fur- 

nished, opposite the name of the officer furnishing the said ac- 
count, and file the account in his office as other County records 
are kept : Provided, That the provisions of this Section shall not 
apply to the Counties of Sumter, Lexington, Berkeley and 
Newberry. 



CHAPTER XIX. 

The Executive Department and Officers Connected 
Therewith. 

Article i. General Provisions. 

Article 2. The Governor and Lieutenant Governor. 

Article 3. The Secretary of State. 



OF SOUTH CAROLINA. 259 

' — ■ A. D. 1902. 



The Attorney General and Solicitors. 

State Constables. 

Notaries Public. 

Commissioners of Deeds. 

The Comptroller General. 

The State Treasurer. 

The State Librarian and Trustees of State 
Library. 

The State Geologist. 

The State Entomologist and State Board of Ento- 
mology. 



Article 


4- 


Article 


5- 


Article 


6. 


Article 


7- 


Article 


8. 


Article 


9- 


Article 


10. 


Article 


II. 


Article 


12. 



ARTICLE I. 



Sec. 

613. What officers constitute the 

executive Department. 

614. Vacancies in ; how filled. 

615. Books and stationery for. 



Sec. 

616. State moneys to be paid by 
State officers into State 
Treasury quarterly. 



Section 613. The Executive Department of this State is hereby coSutf^'^the 
declared to consist of the following officers, that is to say : The ^ai-^t^gj^t^ ^^' 
Governor and Lieutenant Governor, the Secretary of State, the — q ^ TT 
Treasurer of the State of South Carolina, the Attorney General f^^. ^--^ | ^ j ' 
and Solicitors, Adjutant and Inspector General, Comptroller 35°, § i- 
General, and State Superintendent of Education. 

Title to Governor's office. — Ex parte Norris, 8 S. C, 495. 

Sec. 614. In case any vacancy shall occur in the office of ]^^^'^|j"^^"'*^' 
Secretary of State, Treasurer, Comptroller General, Attorney ^ ^ ^^ 
General, Adjutant and Inspector General, or State Superin-^g^- ^^^J'[ 
tendent of Education, by death, resignation, or otherwise, such 935- 
vacancy shall be filled by election by the General Assembly, a 
majority of the votes cast being necessary to a choice. If such 
vacancy occur during the recess of the General Assembly, the 
Governor shall fill the vacancy by appointment, until an election 
by the General Assembly at the session next ensuing such 
vacancy. 

Sec. 615. Each officer of the Executive Department shall, g^j^^i°°jfg^ry%or^ 
annually, on or before the first day of October, furnish to the ^ g ^g^. 
Comptroller General a list and description of such books and^g^|- ;^^f' 
stationery, and the amount of postage stamps necessary for the4i3- 
use of his office during the current fiscal year. 



26o 



CIVIL CODE 



A. D. 1902. 



"" -^ ' Sec. 616. All moneys collected from any source by the 
to^be*paTd^nto Comptroller General, Secretary of State, the Sinking Fund 
terfy."'^' '^"^''' Commission or other State officer, as now or hereafter required 
S94, XXI., ^y ^^w, be paid into the State Treasury at least once in every 
quarter. 



813 



ARTICLE II. 
The Governor and Lieutenant Governor. 



Sec. 
617, 



618. 
619. 



620. 
621. 



622. 



Vacancy in office of ; when 

President of Senate to act 

as. 
When Speaker of the House 

to act as. 
When General Assembly elects 

to fill. 
Term of person so elected. 
Executive Chamber, records, 

&c., salary. 
Governor's Private Secretary ; 

duties of. 



Sec. 

623. Of what Boards the Governor 

is ex officio a member. 

624. Offices filled by appointment 

of : by and with advice and 
consent of Senate. 

625. Vacancies, power to fill ; what 

offices. Commissioners, &c., 
for various institutions and 
boards. 

626. His authority in respect to 

Asiatic cholera. 

627. Lieutenant- Governor ; compen- 

sation of. 



Vacancy in Sectioii 617. In casc of the removal, death, resignation or ina- 

office of; when .,,,_, it- ^- 

President of bilitv ot both the Govemor and Lieutenant Governor, the 

Senate to act -r-,".. .,„ . ,,. 

as. President of the Senate pro tempore shall perform the duties 

G. s. 469; and exercise the powers of Governor until such disability shall 

1868, XIV.! have been removed, or until the next general election, when a 

lOI, § I. & ' 

Governor shall be elected by the electors duly qualified, as is 
prescribed by Section 2 of Article IV. of the Constitution. 
When Speak- Scc. 618. In casc of the disabilitv, from whatever cause, of 

erofthe . ■ . . 

House to act the Govcmor, Lieutenant Governor, and the President ot the 

as. 

— - — r — — Senate pro tempore, the Speaker of the House of Representa- 

r. s. 534; '.(b., tives shall perform the duties and exercise the powers of Gov- 
102, § 2. ^ _ _ '^ 

ernor, in like manner and upon like conditions as are prescribed 
by the preceding Section. 
When Gen- Scc. 619. In casc of the disabilitv, from whatever cause, of 

'€ral Assembly 

elects to fill, all the officers enumerated in the two preceding Sections, the 
T, ^- ^- '^11 ' General Assemblv, if the same shall be in session, bv a joint vote, 

R. S. 535; lb., - ' - 

§ 3- shall elect a person, duly qualified, to fill the office of Governor, 

in like manner, and upon the like conditions, as are prescribed 
by Section 617. 



I 



OF SOUTH CAROLINA. 261 

~ A. D. 1902. 

Sec. 620. Whenever a Governor shall be elected, as provided ""■'^- — ' 

for in the last Section, he shall immediately enter upon the dis- ^^^f elLtld' 

charge of the duties of his office, and shall continue to discharge ^ — ^ ~ 

the same during the residue of the term. ?• S- 536; ib., 

... ' 4- 

Sec- 621. The Governor shall be furnished with a suitable 

office, to be called the Executive Chamber, in which all peti- ,3^^^^^^ " ^'^"^^ 
tions, memorials, letters, and all other official papers and docu-°|;y^' ^^-'^ ^^^' 
ments addressed to or received by him shall be methodically ar- '^ ^ 7177 
ranged and kept, with proper indexes therefor. He shall keepfgg^^^-x f f f' 
a record in proper books of all his messages to the General As-^^o, §2. 
sembly, of all applications for pardon made to him, of all such 
pardons as may have been granted by him, and of all commu- 
nications to the General Assembly relating thereto; of all bills jg xxi., 
presented to him in obedience to the provisions of the Consti-^'^- 
tution, and of all objections he may make to any of them; of 
all official communications, proclamations and orders issuing 
from his office ; and of all other matters which he may think it 
important to preserve. He shall receive an annual salary of 
three thousand dollars. 

Pardoning power. — State v. Fuller, i McC, 178; State v. Addington, 2 Bail., 
516; State V. Barns, 32 S. C, 14; 10 S. E., 611. 

Sec. 622. The Governor shall be allowed a Private Secretary, G o y e rnor's 

-^ Private becre- 

to be appointed by him, who shall receive an annual salary of tary; duties of. 
thirteen hundred and fifty dollars, and whose duty it shall be, ^^ G.^S. 474; 
under the direction of the Governor, to keep an accurate record, 1865 x 1 11, 
under proper dates, of all transactions, opinions and other offi--^gigV., ^i^i; 
cial matters and acts occurring during his period of office, ^i^6; 1^893. 
which said record shall, under certain restrictions, be open to 
the inspection of the members of the General Assembly. He 
shall also perform such clerical and other duties as may be re- 
quired of him by the Governor, in connection with the duties 
of the office of Governor. 

Sec. 623. The Governor ex officio, is a member of : 

Of what 

The Sinking Fund Commission. ' Boards the 

° . Governor is ex 

The Board of Directors of the State Penitentiary. omdo a mem- 
The Board of Trustees of the South Carolina College. " ^ 

&. S. 475 ; 

The Board of Visitors of the State Military Academy. R^ s. ^^^^; 

The Board of Trustees of the South Carolina Industrial and^ss; ' i 883" 

XVIII., 381; 

Winthrop Normal College. 1877, ^^^^U 

The Board of Trustees of the Colored Normal, Industrial, xx.^, '687, 688;' 

1843, Xj., 263; 

Agricultural and Mechanical College of South Carolina. iss^,^ "o^xx" 

The State Board of Education, of which he is also chairman. 6 y; I's 9 «; 

A. A. i 1., 154' 



^^2 CIVIL CODE 

A. D. 1902. ~ 



'^^"^^'^ ' The Board of Phosphate Commissioners, of which he is also 
Chairman. 
bya^olntment ^®^- ^^^- ^^'^^ Govemor, by and with the advice and consent 
wkh a S v'x'z e ^'^ ^^ Senate, shall appoint the following officers : 
Senate"*''"' °^ County Auditors'. 
— ~ — ^ ~ County Treasurers. 

f/^f"Vi(°'' Magistrates. 
66; 1 870. XIV, Masters. 

176; I 6 7 I. 

^l^i] xvi.'. Seven members of the State Board of Education. 

^882 ^^xvii' Supervisors of Registration. 

xvi.^'i 89^0! Circuit Solicitors; when there is a vacancy in such office by 

i9?i',' xxni.', reason of death, resignation, ceasing to reside in the Circuit, or 

xxU 154. ^ ^' otherwise. 



A State Geologist. 

Any vacancy which may happen in any of the said offices 

during the recess of the Senate may be filled by the Governor, 

who shall report the appointment to the Senate at its next 

session, and if the Senate do not advise and consent thereto at 

such session, the office shall be vacant. 

Officers ap- Scc. 625. The following officers shall be appointed by the 

— - — z Governor : 

G. S. 477; 

R- s. 541; I. Any vacancy in an office of the Executive Department, 
^35- occurring during a recess of the General Assembly. The term 

of such appointment to be until the vacancy be filled by a gen- 
eral election, or by the General Assembly, in the mode provided 
by law. 

As to Adjutant and Inspector General see Sec. — ; and as to other State execu- 
tive officers see Sec. — . 

1878, XVI.. 2. Any vacancy in a County office, by reason of death, resig- 
nation, refusal, or neglect to qualify, of the person elected or 
appointed thereto, expiration of the term of office, or any other 
cause. The person so appointed to hold his office, in all cases 
in which the office is elective, until the next general election and 
until his successor shall qualify ; and in cases of offices which are 
originally filled by appointment and not by election, until the 
adjournment of the session of the General Assembly next after 
such vacancy has occurred. The Governor may remove for 
cause any person so appointed by him to fill such vacancy. 

1878, XVI., Four Commissioners for the South Carolina Institute for the 
707. 

Education of the Deaf, Dumb, and Blind. 

1877, XVI., Nine Reeents of the State Hospital for the Insane, one of 
249. » 



OF SOUTH CAROLINA. 263 

— A. D. 1902. 



whom shall be appointed from each Congressional District., and ^^^^^ 
the remainder shall be residents of Richland County. 

Seven members of the State Board of Health, to be recom- ^^g^^s, xvi.. 
mended by the State Medical Association. 

Seven members of the Board of Harbor Commissioners 41^°°' ■^^"^•' 
Charleston Harbor, upon the recommendation of the Senator 
and members of the House of Representatives from Charleston 
County, or a majority of them, at least two of whom shall be 
seafaring men, and at least one of such seafaring men shall be 
a full branch pilot of the port of Charleston ; and all of whom 
shall be residents of the city of Charleston. 

Members to fill any vacancy in the Board of Directors of the 263.^^' 

State Penitentiary occurring during the recess of the General 

Assembly. 

. tr^s xvi 

Proxies to represent the shares of the State in the Cheraw6s6. ' 

and Coalfields Railroad Company and in the Cheraw and Salis- ^^^ ^ ^^3. 

bury Railroad Company. 

The Chief Constable of the State, whensoever in his judg- ^^^^^^o, xi., 
ment any public emergency shall require it, or when necessary j g ^ i^ xx., 
to the due execution of legal process. '^s^- 

One or more Commissioners for the Catawba Indians. ^^f'^' ^viii., 

One Quarantine Officer for St. Helena entrance, and one for j^_ 
Port Royal entrance, at the Port of Beaufort, on the nomina- ^g^^^ xiv., 
tion of the Township Board of Health of Beaufort Township. ssS- 

One Quarantine Officer for the Port of Charleston on the ^^^ ^ 3 4, vi., 
nomination of the Board of Health of the city of Charleston. ■ 

One Quarantine Officer for the Port of Georgetown upon the ^^ pfevintlCn 
recommendation of the State Board of Health. Asia«c*'^dioi^ 

As many Notaries Public throughout the State as the public ft|te!"*° * ^ ^ 
good shall require. g. s. 480; 

Commissioners of Deeds in the several States and Territories f-^ ^|^ ^fjfj^ 
of the Union, and in the District of Columbia. 307. 

Sec. 626. Full power and authority is given to the Governor 
to make, by proclamation, such regulations as in his opinion 
may be necessary to prevent the entrance of Asiatic cholera into 
this State, and the spreading thereof in this State. go v e'^Tor! 

Sec. 627. The Lieutenant Governor, while presiding over ^f° "'p^""^*^°'' 
the Senate, shall receive a per diem of eight dollars and the q §. 481; 
mileage of a member of the General Assembly. i 'g e 5, xni.', 

350, § 3; 1868, 
XIV., 135, § 
i; 1871, XIV., 
531 ; Con., Art. 
III., §§ 2, s, 6, 
7, 8, 9, 13, 20; 
XVI, 2,1 6; 
1893. XXI., 
416. 




CIVIL CODE 



ARTICLE III. 



The Secretary of State. 



Sec. 



628. Salary of ; bond, duties, &c. 

629. Office hours. 

630. Penalty for false certificate. 

631. Records of Superintendent of 

of returns of Overseers of 
Poor. 

632. To make and report abstract 

Public Works ; in charge of. 

633. As ex officio Keeper of the 

property. 



Sec. 

634. Deeds affecting railroads' 
property. 

634. As ex officio Keeper of the 

State House ; duties and 
compensation. 

635. Probate of. 

636. Recording same. 

637. Certified copies of pardons to 

be filed with Clerks. 



^^^^'"y °^- Section 628. The Secretary of State shall receive an annual 
]^/^'s.^' sif I'; salary of nineteen hundred dollars, and the fees or perquisites 
J 3 sf' i?7^o; oi the office shall be paid into the Treasury of the State. The 
Con."Art!'iv.', Clerk of the Secretary of State shall receive an annual salary 
f '24,'^'^i'8 7T'! of thirteen hundred and fifty dollars. 

i^8^9 3,' x^}f L, The Secretary of State, before entering upon the duties of 
'*'^' his office, shall execute a bond, with two or more good 

^°^^ °^' sureties, in the penal sum of ten thousand dollars, for the faith- 
R.%.^' s^'fe! ful discharge of the duties of his office. 
vl!' 147^^2°' The Secretary of State shall, during the absence of the 

Office records Govcmor from Columbia, be placed in charge of the records 
papenf^o? Lxe- ^ud papcrs in the Executive Chamber. He shall keep in 
ber.^^ ^^^"^' Columbia all the books, records, and papers belonging thereto, 
s. 484; He shall hold his office in the State House in Columbia. 

Sec. 629. He shall keep his office open from nine o'clock in 
iy', 751'. §''4-^' ^^^ morning until three o'clock in the afternoon, every day in 

When to keep the year, Sundays and public holidays excepted. 
his office open, g^^^ q^Q, If any Secretary of State, or his deputy, shall 
R.^'s.^'slfi; certify, under his hand, that no sale, conveyance, or mortgage 
1791, v., 161, ^£ ^j^y particular goods or chattels, by any particular person, 

Penalty f o r IS registered in his office, when, at the same time, there is such 
ca^ti.^ ^ ''^''*'*'' record, such Secretary or his deputy shall forfeit and pay to 

G. s. 486; such person who made inquiry, and who is damaged by reason 



G. 

R. S. 547; 

I 8 6 s, xin., 



fegs, ii.,^ tsl! of such false certificate by him made, as aforesaid, all his dam- 
^ ^' ages and costs of suit which he shall sustain by reason of any 

second mortgage. 

Sec. 631. The records, books, and papers belonging to the 

office of the late Superintendent of Public Works, are part of 



OF SOUTH CAROLINA. 




the records of said office, and the Secretary of State is au- 
thorized and required, upon the appHcation of any person iri-g^|j.?^o^^d^^°f 
terested therein, to give certified copies of any deed, grant or^^.^^^P^^'^i.'c 
other paper belonging to the said office, which said copies may '^^^''ge of. 
be used in evidence in any court in this State, in like manner as i, ^-c ^- '^^^' 

. _ K. b. S 5 o; 

office copies of other records are now used, and he is authorized ^ ^ s 6, x 1 1., 
^ 520, §§ I, 2. 

to charge therefor the same fees as are now allowed by law for 
the like service. 

Sec. 632. The Secretary of State shall, on or before the _R e p o rts of 

• -' ' U V e rseers oi 

fourth Tuesday in November of each year, make out an ab- ^°°^- 

stract of the return made to him by the Overseers of the Poor j^ ^.^s. 488; 
of each city and County in the State, together with such explan- \^/ s\/^ ' 
atory remarks as he deems proper, and, through the Governor 
of the State, transmit the same to the Legislature. 

As to his charge over State property see Sec. 88, ante, Public Property. 

Sec. 633. The Secretary of State is ex ofUcio Keeper of the Keeperof'w^e 
State House and Grounds, and is charged with the care of the ^^^^-^ e?°Tn(i 
entire property belonging to the State therein, and may make c ompensation. 
such repairs and improvements from time to time as may be^^ ^- f:y^i^' 
necessary. He shall employ the labor of convicts on and around 598. 413- 
the grounds, so far as can be made available. He shall contract 
for and furnish all fuel and gas necessary for the offices of the 
Executive Department and for the- General Assembly ; and 
shall keep an account monthly of the gasometers in the State 
House, and audit all accounts for furnishing gas for the use of 
the State House. 

Sec. 634. All deeds of conveyance of railroad beds, tracks ^^ ^^fj^^'^^jl''^-^ 
and right of way, cars, locomotive engines, rolling stock and ^^ recorded. 
other railway equipment, all leases and mortgages or other ^g^^- ^'xxi.', 
conditional sales of, and all other instruments in writing relat- Ris- 
ing to, such property in this State delivered or executed on or 
after the first day of January, 1894, shall be valid, so as to af- 
fect from the time of such delivery or execution the rights of 
subsequent creditors or purchasers for valuable consideration 
without notice, only when recorded within forty days from the 
execution and delivery thereof in the office of the Secretary of -^^ secretary 
State : Provided, nevertheless, That the above mentioned deeds, fice.^*^*^'^ °^' 
leases, mortgages and other conditional sales and instruments 
in writing, if recorded subsequent to the expiration of said 
period of forty days, shall be valid to affect the rights of sub- ^^^<^°°J j.gj^°5] 
sequent creditors and purchasers for valuable consideration 
without notice only from the date of such record. 



266 CIVIL CODE 

A. D. 1902. 

'^— ^~v — Each and every locomotive engine, car and other railway 
Engines and equipment shall have the name of the vendor, lessor, bailor or 

cars to be 

marked. mortgagor plamly marked on each side thereof, followed by the 

word "owner," "lessor," "bailor" 'or "mortgagor," as the case 
may be; and each deed of conveyance, lease, conditional sale 
and mortgage of such railroad property shall contain such a 
description thereof as will correspond to the name so marked 

Deeds, &c., to ^ ^ 

refer to marks, thcreon. 

Sec. 635. Before such deeds, leases, mortgages^ and other in- 
Trobate. strumcnts in writing can be recorded by the Secretary of State, 
the execution thereof shall first be proved by the affidavit in 
writing of a subscribing witness to such instrument, in the same 
manner prescribed for the probate of deeds by Section 948 of 
this Code in relation to the recording of deeds in the office of 
Register of Mesne Conveyances of the several Counties of this 
State. 

Sec. 636. Said conveyances, leases and mortgages and other 
instruments in writing shall be recorded by the Secretar}^ of 

Books of re- * ^ . . 

cord. State in books to be kept by law for that purpose in his office, 

and for such recording he shall receive from the party offering 
such papers for record the same fees allowed by law for similar 
Fees for re- work to Register of Mesne Conveyances. 

A certificate or certified copy by the Secretary of State shall 
be competent evidence of such record and of the facts contained 

Certified copy ... 

receivable in in each deed, lease and mortgage or other mstrument m writmg 

evidence. 

so recorded and certified in all of the Courts of this State. 

Where any such mortgage so recorded shall be fully 
satisfied, the mortgagee shall note the same on the margin of 

Entry of sat- *= =" , . _ , . . 

isfaction. the record, or declare the same to be satisfied m a separate in- 
strument in writing, to be recorded as above provided, under a 
penalty of five hundred dollars, to be recovered in any Court of 
competent jurisdiction at the suit of the mortgagor or his as- 
signees, or any other party aggrieved thereby. 

neglect. Scc. 637. It shall be the duty of the Secretary of State im- 

mediately upon the granting to any person of any pardon by the 

ies of pardons Govcmor to transmit a certified copv of such pardon to the 

to be filed with _,,.,_. . ^ . , ^ ' . i • i i 

Clerk of Court. Clerk of the Circuit Court of the County m which such person 
1896, XXII., was convicted, said certified copy of such pardon to be filed by 
such Clerk in his office. 



OF SOUTH CAROLINA. 



ARTICLE IV. 



The Attorney General and Solicitors. 



267 



A. D. 1902. 



Sec. 




Sec. 


638. 


Salary of Attorney General 
and of his assistant. 


648 


639. 


Bond of. 


649 


640. 


Appears for the State in 






Courts ; when and in what 


650 




cases. 




641. 


Prosecutes intruders on State's 


651 




property. 


652 


642. 


Advises Solicitors ; attendance 
on Grand Jury and at 






trials, &c. 


653 


643. 


Duty in respect to public 
charities ; corporations. 


654. 


644. 


Assists the General Assembly; 


655. 




when and how. 


656. 


645. 


Advises State officers on 
questions of law. 




646. 


Reports annually to General 






Assembly. 


657. 


647. 


Contingent expenses of civil 
actions ; provision for. 





No fees to be taken from 
prosecutors, &c. 

Accounts to Treasurer for 
fees, &c. 

Solicitors, bonds of ; vacan- 
cies in office of. 

Their salaries and duties. 

Solicitor, when must be 
called on to defend rights 
of State. 

To sue for penalties. 

To examine certain county of- 
fices and report annually. 

To attend Courts of Sessions. 

Annual report to Comptroller 
General as to debts due 
State in their possession ; 
penalty. 

To furnish duplicate of such 
report. 



Section 638. The Attorney General shall receive a salary at the 
rate of nineteen hundred dollars per annum ; and the Assistant 
Attorney General, who shall be appointed by the Attorney 
General, shall receive a salary of thirteen hundred and fifty 
dollars per annum. 

Sec. 639. Before entering upon the duties of his office, the 
Attorney General shall execute a bond, with two good sureties, 
to the State of South Carolina, in the sum of ten thousand dol- 
lars, for the faithful discharge of his office. 

Sec. 640. He shall appear for the State in the Supreme Court 
in the trial and argument in said Court of all causes, criminal 
and civil, in which the State is a party or interested, and in such 
causes in any court or tribunal, when required by the Governor 
or either branch of the General Assembly. 

Sec. 641. He may, when, in his judgment, the interest of the 
State requires it, file and prosecute informations or other pro- 
cess against persons who intrude upon the lands, rights, or 
property of the State, or commit or erect any nuisance thereon. 

Sec. 642. He shall consult with and advise the Solicitors in 
matters relating to the duties of their offices ; and when, in his 
judgment, the interest of the State requires it, shall assist them 
by attending the Grand Jury in the examination of any case in 



Salary of, 
and of his as- 
sistant. 

G. S. 495; 
R. S 555; 
1 8 T7, XVI., 
247; 1880, 
XVII., 372. 

Bond of. 

G. S. 496; 
R. S. 556; 
1812, v., 675. 



Shall appear 
for the State 
in the Su- 
preme Court. 



G. S. 497; 
R. S. 557, 
1868. XIV., 
88, §2. 

May file_ in- 
formation 
against p e j - 
sons who in- 
trude on prop- 
erty otthe 
State. 

G. S. 498; 
R. S. 5S8; 
1868, X IV., 
88, §3. 



268 CIVIL CODE 

A. D. 1902. ■ 



^■"^"^^^^^ which the party accused is charged with a capital offence ; and 

thf ^^Soifclt'ors when, in his judgment, the interest of the State requires it, he 

Grand"jury ^^^ ^^^^^ ^^ prcscut at the trial of any cause in which the State is a 

G s 4QQ- P^^ty or interested, and, when so 'present, shall have the direc- 

R. s. 559; j-jon and management of such prosecutions and suits. 

Commissioner v. Rose, i DeS. 461; ex parte Dunn., in re. Hand v. R. R. Co., 
8 S. C, 207. 

Protect pub- Scc. 643. He shall enforce the due application of funds given 

I 1 c charities . , . . . , . , „ 

and prosecute or appropriated to public chanties within the State, prevent 

corporations. 

— - — -breaches of trust m the administration thereof, and, when 

G. S. 500; 

R. s. 560; lb., necessary, shall prosecute corporations which fail to make to 
the General Assembly the return required by law. 
siiaii advise Sec. 644. He shall, when required by either branch of the 

the G e n e r al , ^ _ ' , , . , . . , . , . 

Assembly . General Assembly, attend during their sessions, and give his 
G. s. SOI ; aid and advice in the arrangement and preparation of legisla- 

R. S. 561; lb., . , , . -,.,.,. . . 

§6. tive documents and business, and shall give his opinion upon 

questions of law submitted to him by either branch thereof, or 
by the Governor. 
Shall advise Scc. 645. He shall, when required by the Secretary of State, 

the State of- ^ 1 , /- 

ficers. Treasurer, Adjutant and Inspector General, the Comptroller 

G. s. 502; General, Railroad Commissioner, or other State officer, consult 

R. S. 562; . . . , , . 

1890, XX., and advise with them, respectively, on questions of law relating 
to their official business. 
Shall annu- Scc. 646. He shall annually make a report to the General 

ally report to . . . , 

General As- Assembly of the cases argued, tried, or conducted by him m the 

sembly. - & ' ' -' _ 

— - — ; Supreme Court and Circuit Courts during the preceding year ; 

R. s. 563; lb.', with such other information in relation to the criminal laws, and 

89, §8. , . . . , . 

such observations and statements, as, in his opinion, the crimi- 
nal jurisdiction and the proper and economical administration 
of the criminal law warrant and require. 
Governor to Scc. 647. On his representation, the Governor mav draw his 

draw warrant '.. . 

on his repre- warrant ou the Treasury to an amount not exceeding three 

sentation to de- "^ . .... 

fray expenses hundred dollars in one year, for the contingent expenses of civil 

of certain civil "^ o ^ 



actions. actions in which the State is a party or has an interest, for 

G. s. 504; which sum he shall, annually, in October, account to the Gover- 
§9- " ' " nor ; and he shall state the amount so expended in his annual 
,^ . , , report to the General Assembly. 

N e 1 1 her he ^ ■' . 

nor the Soiici- Scc. 648. No prosccuting officer shall receive anv fee or re- 
tors to take a jt o . '. . 

fee from a pro- ward from, or in behalf of, a prosecutor, for services in any 

secutor, nor ap- . . ,.,..,. -- . , , 

near in a civil prosccutiou or busiuess to which it IS his official business to at- 

case on same ... 

state of facts, tcud, uor bc conccmed as counsel or attorney for either party 
G. s. 50s; in a civil action depending upon the same state of facts. 

R. S. 563; lb., 
§10. 



OF SOUTH CAROLINA. 269 

A. D. 1902. 



Sec. 649. The Attorney General shall account with the ^"'^^^'^ 
Treasurer of the State for all fees, bills of costs and moneys re- erai°to"accoi^t 
ceived by him by virtue of his office. uren*^^ Treas- 

Sec. 650. The Solicitors, before entering upon the duties of q s_ ^^g. 
their offices, shall, respectively, give bond, with two good sure- fggg^ ^- ^i v.', 
ties, to the State of South Carolina, in the penal sum of five^^' ^"• 
thousand dollars, for the faithful discharge of the duties oi ^^^f^f^'^^J^^ 
their respective offices. ^ 

In case any Circuit Solicitor shall cease to reside in his cir-j^ /^'s^- ^^s; 
cuit, his office shall become vacant. In case any vacancy shall g^.^^' ^" ^^^' 
occur in such office by death, resignation or otherwise, the 
vacancy thereby created shall be filled by the Governor, by and 15].^^^' ^^^■' 
with the advice and consent of the Senate. The Judge residing 
in the Circuit of the Solicitor, whose office shall thus become 
vacant, shall certify such vacancy to the Governor. 

Tenure of office. — State v. Jeter, i McC, 233; State v. Butz, 9 S. C, 156. 

Sec. 651. Solicitors shall do the duty of the Attorney Gen- Shaii do the 

■^ ■' same duty as 

eral, and give their counsel and advice to the Governor and Attorney Gen- 

•^ _ eral in advis- 

other State officers, in matters of public concern, whenever ins t^e Gover- 

^ _ n o r a n d the 

they shall be, by them, required to do so, and assist the Attor- state officers; 

-' ■' ^_ _ _ dutyotin 

ney General, or each other, in all suits of prosecution in behalf criminal cases; 



of this State, when directed so to do by the Governor, or called- ^ ^_, 

■' G. b. sii; 

upon by the Attorney General. They may defend any person R- s. 568; 

brought to trial before any criminal court of this State, whenvii, 274, §'§10, 
their duty shall not require them to prosecute such persons, or 
their assistance be not required against such person by the Gov- 
ernor or Attorney General. 

The Circuit Solicitors of each Circuit shall receive a salarv at }'^tj^ ^'^I- 

246; 1803, 

the rate of thirteen hundred and fifty dollars per annum each, ^xi., ^17- 
except the Solicitor of the First Circuit, whose salary shall be 
at the rate of sixteen hundred dollars per annum ; such salaries 
to be in lieu of all charges against the State and the Counties. 
All costs from defendants shall be paid over by the Solicitor to 
the County Treasurer for the use of the State. They shall also 
receive the same per diem and mileage as members of the Gen- 
eral Assembly, while in attendance upon the sessions thereof. 

Sec. 652. In all cases wherein the right of the State may be . To be called 

* -^ m by persons 

involved, it shall be the duty of the persons claiming under the [h'i'^'^^tatT'^to 
State to call on the Attorney General, or Solicitors, in their re- \ll^^ eise'the 
spective districts, to defend the right of the State ; on failure f^^fj ^ " ° * 
whereof, the record of such case shall not be adduced as evi- — -^ — ^ — ~t: 
dence to substantiate any claim against the State. ^^^^ \ s^g* 

§s.° ' 




CIVIL CODE 



Sec. 653. It shall be the duty of the Attorney General and 
panaities^ ^°^ Solicitors to sue for the penalties incurred by any public officer 
Q ^ I^ or board of public officers. 

o -ir 57°' For authoritv to employ assistant counsel in actions on Dispensers' bonds, see 

1813, v., 709, CO,' 

§23; 1814, v.. Sec. 586, ante. 
733, §25; 1815. 

VI., Q Sio; Sec. 654. The Attorney General and Solicitors are required, 
1844, >^i-. 295, , . - "i > 

§4- annually, at such times as they may deem expedient, to examine 

A 1 1 o r ney into the Condition of the offices of the Clerk of the Court of 

General and 

Solicitors t o Commou Pleas and General Sessions, of Sheriff, and Resfister 

examine the ... ' . 

offices o f of Mesne Conveyances, in their respective Counties, and to 

County officers - ^ 

— - — r- ascertain if the said officers have discharsred the duties which 

G. s. 509; . ° 

^„- ^w 571; now are, or shall be, required of them; and thev shall make a 
1837, VI., 577, i . . 

§2. report of the condition of the said offices, and of the manner in 

which said officers have discharged their duties, to the Circuit 

Court in each County, respectively, at the fall term in each 

year, and also to the General Assembly at its annual session. 

Solicitors to Sec. 655. The Solicitors shall attend the Courts of General 

Ettend Circuit 

Courts of their Scssious and Commou Pleas for their respective Circuits. 

respective -^ 

Duties in Court. — State v. Barrantine, 2 N. & McC, 553; State v. Addison, 2 
S. C. 36s; State V. Coleman, 8 S. C, 237; State v. McNinch, 12 S. Q., 95. 



Counties. 



G. S. 510; 
R S =572; 

1842, XI., 222', Sec. 656. It shall be the duty of the Solicitors, on the last 

§ 25. ' ' day of October, in every year, to furnish the Comptroller Gen- 

To furnish eral with a statement of all debts due to the State in their sev- 

report to the . , . , . , , . , 

c o m p troiier. eral posscssious, showiug the names ot the debtors, the amount 
G. s. 512; of debts, the interest, the payments made, and the balance due 

1818, VI., ids', to the State ; and if any of said officers fail to furnish the Comp- 

troller General with such statement, he shall forfeit and pay the 
sum of two hundred dollars, to be recovered by action in any 
court of law in this State having competent jurisdiction. 
To furnish Scc. 657. It shall be the dutv of the Circuit Solicitors, in 

duplicate re- - ' 

trofier*" ^°™^" making their returns to the Comptroller General, as by law 
— ^ — ^ — ^^ directed, to make out and deliver to him, at the same time, fair 
R. s. 574; duplicates thereof. 

1819, V 1., 139, ^ 
§14- 



ARTICLE V. 

State Constables. 



Sec. 

658. Chief State Constable ; ap- 

pointment ; compensation ; 
may appoint deputies. 

659. Powers and duties of. 



Sec. 



660. Powers of Governor over Con- 

stabulary, &c. 

661. Governor may appoint State 

Constables. 



OF SOUTH CAROLINA. 




Section 658. The Governor, whenever any pubHc emergency 
shall require it, or when it shall become necessary to the duestfij\g\^appQ°n"; 
execution of legal process, shall appoint an officer to be known^^ nsaU°on; 
as the Chief Constable of the State, who shall receive as com- dep^uttel! ° ' " ^ 
pensation, when actually engaged in the public service, five q g ^j^. 
dollars per day and five cents per mile for each mile actually f^^^^ ^-^ ^f\^l 
traveled in the performance of his duties, which duties shall be '^^^' ^^■ 
especially prescribed by the Governor. 

The Chief Constable is authorized to appoint Deputy Chief 
Constables, not exceeding two for each County, who shall re- 
ceive two dollars per day when actually on duty, and as many 
Deputy Constables as may be necessary, who shall serve without , 
pay. 

Sec. 659. The Chief Constable of the State, and the Deputy Duties of. 
Chief and Deputy Constables in the Counties, shall exercise all g. s. siS; 

■^ R. S. 576; 

the common law and statutorv powers of Constables, and all 1868, x i v ., 
authority given to the police or watchmen by the Statutes of the 
State, and by the charters and ordinances of incorporated towns 
and cities, concurrently with such officers. Said Chief Con- 
stable of the State, and Deputy Chief and Deputy Constables in 
the several Counties, shall, at all times, obey and execute the 
orders of the Governor in relation to the preservation of the 
public peace and the execution of the laws throughout the 
State ; and it shall be their duty to see that the laws are ob- 
served and enforced, and shall especially use their utmost effort 
and endeavor to repress disorder and prevent crime. 

Sec. 660. The Governor shall have authority, whenever in p o w e r s of 

the Governor 

his judgment it shall be necessarv, to arm the Constabulary, over the Con- 

1 . '11 1 <• 1 , / stabulary. 

and, m any emergencv, to assume the sole control of the whole, 

. . .... . G. S. S19; 

or any part, of the municipal police in cities and incorporated R- s. 577., ib.. 
towns ; and to authorize the Chief Constable of the State, or 
any Deputy Chief Constable, to command assistance in the ex- 
ecution of process, suppressing riots, and in preserving the 
peace. 

Sec. 661. The Governor shall have authority to appoint one Governor 
or more State Constables at a salary of not more than two dol- state Consta- 

lars per day and such exoenses as the Governor may deem-^ — '■ ■ 

. •, ; ^, . ^ ^ , , ^ 1896, XXII., 

proper when on duty, and two Chief Constables at not more 149, §46; 

than three dollars each per day and such expenses as the Gov- 441. '§7" 
ernor may deem proper, and also one or more detectives at 
reasonable compensation, to see that the dispensary law is en- 
forced, the same to be paid from the dispensary fund in the 




CIVIL CODE 



same manner as the salary of the State Commissioner. Such 
Constables shall, before entering upon the duties of their office, 
each give bond to the State in the sum of five hundred dollars, 
with surety or sureties to be approved by the Attorney General, 
conditioned for the faithful performance of the duties of his 
office; and in case of the breach of said bond, suit may be 
brought thereon by any person aggrieved thereby, either in the 
County where any of the obligors reside or in any County where 
said breach may have occurred : Provided, That the Governor 
shall report all such appointments to the General Assembly at 
next ensuing session, giving the date and term of service 
thereof. 



ARTICLE VI. 
Notaries Public. 



Sec. 



662. Governor appoints Notaries 

Public ; term of office. 

663. Oath of. 

664. Seal of. 



Sec. 

665. Powers of. 

666. No jurisdiction in criminal 

cases. 



Governor ap- 
points Notaries 



Section 662. The Governor is authorized to appoint as many 
of ^office ^^^"^ Notaries Public throughout the State as the public good shall 
— ^— ^ — :^ require, to hold their offices during the pleasure of the Gover- 
?8-f" xiv'"°^' ^^^ whose jurisdiction shall extend throughout the State. 
538, §i. ' Sec. 663. Every Notary Public shall take the oath of office 

'- — - prescribed by the Constitution and the oath with respect to 

R. S.'srg; lb.', duelling, certified copies of which oaths shall be recorded in the 
office of the Secretary of State. 
Seal of. Sec. 664. He shall have a seal of office, which shall be affixed 

to his instruments of publication and to his protestations ; but 
the absence of such seal shall not render his acts invalid, pro- 
vided his official title be affixed. 

Sec. 665. He shall have power to administer oaths, take de- 

R s' I'j.^/b^' positions and affidavits, protests for non-payment of bonds, 
4- notes, drafts and bills of exchange, take acknowledgements and 

proofs of deeds and other instruments required by law to be ac- 
knowledged, and take renunciation of dower. 

As to protests. — Williamson v. Turner, 2 Bay, 410; Williamson v. Patterson, 2 
McC., 132; Dobson v. Laval, 4 McC., 57; Halls v. Howell, Harper, 426; Johnson 



G. 
R. S. 
3- 



S. 522; 
580; lb. 



Powers of. 



OF SOUTH CAROLINA. 2/3 

A. D. 1902. 



V. Harth, 2 Bail., 183; Bank v. Green, 2 Bail., 230; Bank v. Stinemetz, i Hill, 44; ^ ..^ ^ ■» ' 
Bank v. Flagg, i Hill, 177; Thompson v. Bank, 3 Hill, 77; lb., Riley, 81; Aiken 
V. Cathcart, 2 Speers, 642; Greene v. Talley, 39 S. C, 338; 17 S. E., 780. 

Sec. 666. He shall exercise no power or jurisdiction in crimi-jj^^° J"^^^"t; 

nal cases. nal cases. 

G. S. 524; 

R. S. 582; 829, 
VI., 387. 



ARTICLE VII. 
Commissioners of Deeds. 



Sec. 

667. Commissioners of Deeds ; ap- 

pointment and term of. 

668. Oath of ; where filed ; notice. 

669. Authority of. 



Sec. 

670. Power to administer oath. 

671. Foreign Notaries ; same power 

as to afiidavits, &c. ; proviso. 



Section 667. The Governor of the State is authorized to ap- of' 



Appointment 



point and commission, in the several States and Territories of g. s. 52s; 
the Union, and in the District of Columbia, as many persons as 1834, vi., 504', 
he may deem expedient, as Commissioners of Deeds, who shall 
hold their office during the pleasure of the Governor. 

Sec. 668. Every Commissioner, before he proceeds to per- of. 
form any duty, shall take and subscribe an oath or affirmation g. s. 526; 
before any officer authorized to administer oaths in the city or 505, '§3. 
County in which such Commissioner shall reside, well and 
faithfully to execute and perform all the duties of such Com- 
missioner, under and by the laws of South Carolina, which 
oath or affirmation, and the written appointment of such com- 
missioner, shall be filed in the office of the Secretary of this 
State, who shall give notice of such appointment in one or more 
of the gazettes of this State. 

Sec. 669. A Commissioner of Deeds shall have authority to- 
take renunciation of dower, and the acknowledgement of proof R. s'. ss's; ib.', 
of any deed, mortgage, or other conveyance of any lands, tene- 
ments, or hereditaments, lying or being in this State, or of any 
contract, letter of attorney, or any other writing under seal, to 
be used and recorded in this State ; and such renunciation, ac- 
knowledgement, or proof, when certified to by the hand and seal 
of such Commissioner, shall have the same force and effect as 
if taken before the proper officers within this State. 

Sec. 670. Every Commissioner shall have full power to ad- 

C S ^28' 

minister an oath or affirmation to any person who shall be wil-R. s'. 586; ib.', 
ling or desirous to make such oath or affirmation before him; 

18.— C 



Autliority of. 



Powers of. 




CIVIL CODE 



Force of ju 
rat of Notaries 



and such oath or affirmation made before such Commissioner 
shall be as good and effectual, to all intents and purposes, as if 
taken by any Magistrate resident in this State, and competent 
to take or administer the same. 

Sec. 671. All verifications of pleadings, affidavits, and proofs 



States ^" °*'^'^'^ °^ claims made before Notaries Public in other States shall have 



R s 'iSr ^^^ same force and effect as they would have if sworn to before 
88, XX., 1.; a Commissioner of Deeds for this State resident in another 

91, lb,, 1041 

State : Provided, such Notary Public shall use his official seal. 

Testimony certified by foreign notary under his official seal admissible. — Greene 
V. Talley, 39 S. C, 338; 17 S. E., 780. 



ARTICLE VIII. 
The Comptroller General. 



Sec. 

672. Bond of ; salary ; offlce hours. 

673. Examines Treasurer's vouch- 

ers. 

674. Examines Treasurer's cash 
and books. 

675. Superintendents transfer of 
money, &c. 

676. Prepares annual estimates for 

General Assembly. 

677. Payments of Treasurer to be 

on his warrant ; exception. 

678. To keep duplicates of books 

of Treasurer, and report 
balance sheet to General 
Assembly. 

679. To keep record of settlements 

with County Treasurer. 

680. To report to General Assem- 

bly statement of County 
taxes. 

681. To report also as to moneys 

due State. 

682. Also on account of persons 

having distribution of pub- 
lic money. 

683. Also names of pensioners of 

State. 



Sec. 

684. Also as to unappropriated 

funds in Treasury. 

685. Office books, how paid for. 

686. Duty as to defaulting County 

Treasurers. 

687. Enters in books accounts of 

persons distributing public 
money. 

688. Collates and publishes month- 

ly returns of banks. 

689. To publish returns of banks 

of issue ; form of. 

690. To enforce forfeitures against 

defaulting banks, may ex- 
amine books ; when. 

691. To insure the University 

buildings. 

692. To furnish offices to State of- 

ficers. 

693. May extend time of assess- 

ment and collection of 
taxes, &c. 

694. When to pay County Audi- 

tors. 

695. Furnishes State Printer 

copies of reports for publi- 
cation. 



Bond of, of- 
fice hours of. 

G. S. 529; 
R. S. 588; 
1877 XVl., 
247; 1801, v., 
410, §11; 1868, 
XIV., 13s. §1; 
1801, v., 411, 
§21; 1893, 
XXI.. 4i6; 
1900, XXIII; 
418; lb., 413. 



Section 672. The Comptroller General shall, before he enters 
upon the duties of his office, give bond for the faithful dis- 
charge of the duties thereof, with one or more sureties, to be 
approved of by the Governor for the time being, in the sum of 
thirty thousand dollars. He shall receive an annual salary of 



OF SOUTH CAROLINA. 275 

. A. D. 1902. 



nineteen hundred dollars, and the fees and perquisites of the ^-*~v-*^ 
office shall be paid in to the Treasury of the State. He shall 
keejD open and attend to his office from nine o'clock in the morn- 
ing until two o'clock in the afternoon on every day, Sundays, 
public holidays, and the two next succeeding days to Christ- 
mas excepted. 

His Chief Clerk and his Auditing Clerk, both to be appointed 
by him, shall each receive an annual salary of fourteen hundred 
dollars. The Clerk of the State Board of Pensions, to be ap- 
pointed by him, shall receive an annual salary of six hundred 
dollars. It shall be the duty of the Auditing Clerk, under the 
direction and supervision of the Comptroller General, to keep 
the phosphate and insurance records in the Comptroller Gen- 
eral's office, visit the various Counties of the State, and to visit 
the various penal, charitable and educational institutions of the 
State, and report on the conditions of the books of the same, 
when required by the Comptroller General, and inspect and re- 
port on the condition of the books of the various County officers 
of the State, and assist the Comptroller General in making the 
annual settlements with county officers. ^°Z ^pp^°" 

-' p r 1 a tions are 

Sec. 673. It shall be his duty to keep a book in which all ap- ""^^'^ ^y- 
propriations by the General Assembly shall be entered, with allj^ ^- jl' .^f^' 
payments made under them; he shall also keep another book, §^j^; 1S34, vi, 
properly indexed, in which he shall enter all contingent ac- Examination 
counts allowed by the General Assembly, and the time at which books'^^tf^'^^thl 
payment on the same shall be made. The Comptroller General ^o^mp^t roller 
shall between the first and the tenth dav of each month examine —z :r;r- 

1899, XX., 

the vouchers in the office of the State Treasurer for all pay- 367- 

ments made bv the Treasurer during the preceding month. ^ ^° examine 

or- ts books of Treas- 

Sec. 674. The books of the Treasurer of the State shall, at all^^^;f^^ 

seasonable times, be open to the inspection and examination of „ '^•gS- S3i| 
the Comptroller General, and he shall, twice in each year, and'^oi, v., 409, 

•^ . / -^ ' §§i ana 4. 

at such other times as he shall deem necessary, examine the 

cash in the Treasurv at Columbia. A^^st person- 

ally supenn- 

Sec. 675. He shall personally superintend, except in the event tend transfer 
of his being sick, and thereby rendered unable to attend, then?°"^y ^y *« 

<^ ' -J ' T r e a surer to 

transfer of money and papers from the office of the Treasurer i^'s successor. 
to his successor, and report to the General Assembly thereon at„ ^. s.^ssa; 
their next session. §4- 

Sec. 676. He shall prepare and report at every session of the^^^JJ^*g^''^P|[^ 
General Assembly estimates of the public revenue and public g^^'^^^^ ^^P^j ^g^ 
expenditures ; and shall, at the same time, render fair and ac- ^^"''■^^y- 

G. s. 533; 
R. s. 592; i'o., 
408, §1. 



276 CIVIL CODE 

A. D. 1902. 

'^- — «, ^ curate copies of all the Treasurer's reports, and a true and ac- 
curate account of the actual state of the Treasury. 
All payments Scc. 677. All payments by the State Treasurer, except, for 
to be on his interest on the public debt, and the pay of officers, members, and 

warrant, ex- -^ ' ^ ■' ' ' 

cept, &c. attaches of the General Assembly, shall be made on warrants 

G. s. 534; drawn by the Comptroller General, and the vouchers for the 
1876, XVI., 91 same must be filed in his office. 
Must k e e p Sec. 678. The Comptroller General shall keep a set of books, 

d u p 1 icate of _ _ -^ ^ 

books of t h e exhibiting- the separate transactions of the Treasury Depart- 

Treasurer, and o jt j l 

report balance mcnt, which sct of books sliall be a transcript of the books of 

sheet to the -^ 

General Assem- the Treasury, constituting a complete check upon that office; 
— - — r — I — :and the Comptroller shall, in addition to the exhibits of cash 
R. s. 594; transactions of the Treasury, annually report to the General 
§§i and 2'.' Assembly a balance sheet of the books aforesaid, setting forth 

as well by whom debts are due to the State as the amount of 

those debts. 
Abstract to Scc. 679. The Comptroller General shall enter the abstract 

be entered m '■ -0 

book- for settlement with the several County Treasurers of this State 

_R- s. 595 ; in a book to be kept by him for such purpose, and shall enter 

loop) XX., 293 

all settlements made by such Treasurers therein as to all taxes 
And kept as — State, school, County and special — and the same shall be a 

a record. ' -^ _ ^ 

part of the records of his office. 
Must report gee. 680. He shall prepare and present to the General As- 
ment^of Coun- sembly, at an early period in every session, a correct and de- 
— ;:: — ^— — — tailed statement of all the taxes, real and personal, for which 

G. S. 536; ^ 

•^o o ^aV 596; each of the Counties of the State shall be liable under the Tax 

1808, v., 567, 

§4- 1859, XII., Acts of each year. He shall, at the same time, report the 

746, §4. -^ , ' sr 

amount of the local taxes collected in each County. 

To report to He cannot be compelled by mandamus to levy a tax to pay "Revenue Bond 

General As- Scrip," issued under Act 2nd March, 1872. — State v. Comptroller General, 4 S. C., 
sembly a 11 „_ 
moneys due ^^' 
the State. 

— ^-g : Sec. 681. He shall lay before the General Assembly, with 

1818 VI ^108' ^^^ annual report, a statement of all moneys due to the State. 
5"- Sec. 682. He shall examine and annually report to the Gen- 

re^ort"^on ^^0^^ ^^^^ Assembly on the accounts of all persons having the distri- 
counts of per- butiou of public money. 

sons having t- j 

distribution of gee. 683. He shall make an annual report to the General 

public money. ^ 

— ^ — ^ — T^ Assembly of the names of the pensioners of the State. 
?8 VI '"12' ^®^- ^^^- '^^^ Comptroller General shall report, annually, to 
§4^ ^|46, XL, thg General Assembly, his transactions in regard to unappro- 
Re'port names Priated fuuds in the Treasury. 
of pensioners. gee. 685. The books necessary for the office of Comptroller 

G. s. 539; General shall be paid for out of the Treasurv of the State. 
R- ^. 599; ^ 

1835, VI., 527, 

§3. 



OF SOUTH CAROLINA. 



Sec. 686. The Comptroller General shall immediately com- 
mence and pursue, against all County Treasurers reported by 
the .Treasurer as being in default in making their returns, such 
legal measures as will be best calculated to compel an immediate 
compliance with the duty imposed upon them in regard to such 
returns, and shall enforce the performance of their duty gen- 
erally by all legal means. The Attorney General and the So- 
licitor of the Circuit in which such default may occur shall 
conduct such legal proceedings, when called upon to do so by 
the Comptroller General. 

Sec. 687. He shall enter in books, kept for that purpose, 
such a statement of the accounts of persons having the distribu- 
tion of public money, (directed by law to be rendered to him,) 
as will enable him, at any time, to show how said accounts stand 
between the parties respectively. 

Sec. 688. The Comptroller General shall collate the various 
statements in the monthly returns made to him by the banks, so 
as to present a comparative view of all the items thereof, and 
shall publish the same in some public newspaper, for general 
information. Every bank failing to make such return shall for- 
feit to the use of the State, to be recovered by the Comptroller 
by action, twenty-five dollars for each and every day's neglect. 

Sec. 689. The Comptroller General shall, at least once in 
every month, collect the accounts of the weekly state of their 
circulation and specie, rendered by the several banks of issue, in 
conformity with law, and publish the same, so collected, in 
some newspaper, in the following form : 

Weekly Statement of Circulation and Specie of Banks of Issue 

in South Carolina, from the day of to the 

day of eighteen hundred and 




Shall annu- 
ally report un- 
ci i s t r i b uted 
funds. 

G. S. 540 -, 
R. S. 6oo, 
1803, v., 45S, 
§30. 

Procure books 
for Treasurer. 

G. S. 541; 
R. S. 601; 
1818, VI., 109, 
§IS- 

Pur sue de- 
faulting Coun- 
ty Treasurers. 
Attorney Gen- 
eral and Solici- 
tor of the Cir- 
cuit to conduct 
the p r o c eed- 
ings. 

G. S. S4 3; 
R. S. 602; 
1808, v., 567, 

§3. 

Enter in his 
books accounts 
of all persons 
d i s t r ibuting 
public money. 

G. S. 545; 
R. S. 604; 
1834, VI., S12, 



NAME OF BANK. 



Date 



Circulation 



Specie 



NAME OF BANK. 



Circulation 



Specie 



NAME OF BANK. 



Shall collate 
monthly re- 
turns of the 
banks. 

G. S. 547; 
R. S. 605 ; 
1840, XI., 143, 
§§3, 4; 1869, 
XIV., 212, §2. 

Shall publish 
returns of 
banks; form of 
return. 

G. S. 548; 
R. S. 606; 
1858, XII, 700, 
§6. 



Date 



Circulation 



Specie 



And any banks, the officers whereof shall neglect to transmit to 
the Comptroller General any such account aforesaid, shall for- 
feit one hundred dollars for each and every day during which 
the same shall be neglected, to be recovered by action, at the 
suit of the State. 



2'j'^ CIVIL CODE 

A. D. 1902. 

^•— ^v-*-^ Sec. 690. It shall be the duty of the Comptroller General, 
rosecuti^'^^of whenever it appears that any bank, or any officer of a bank, has 

banks^ " ^ ^ ^"° incurred any forfeiture for any official misconduct, to cause suit 
^ ^ 549^^^ ^^ brought against such bank or officer, by the Attorney 

\ VT ^,°^-.' General or the Solicitor of the Circuit in which such bank is 

1040, Jvi., J43, 

I32 ^§4''' ''^^^" situated, for the recovery of the same. And in case he shall, at 

any time, have cause to suspect that a false or incorrect account 

has been rendered to him by any bank, he shall have authority, 

and it shall be his duty, to make a personal examination of the 

books of such bank, in order to ascertain the truth. 

the^ University ^^^- ^^^- ^hc Comptroller General shall, annually, insure 

buildings. against fire the buildings of the University of South Carolina. 

R ^'s^' 6o8- ^^^- ^^^- '^^^ Comptroller General of the State is authorized 

1819, VI., 139, ^^^ directed, upon his receipt of a written application from any 

Shall furnish o^cer of the State Executive Department, to provide and fur- 

to^stlte o°ffi?^ "^^^ ^^ office for the use of said officer, and the expense thereof 

fff^ shall be paid by the State Treasurer, out of the contingent fund 

R ^'s^' io9- °^ ^^^ State, on the warrant of the Comptroller General. 
?i'iv^"289'f^§^ Sec. 693. The Comptroller General, with the approval of the 
'• ^- Governor, may extend the time for the performance of the 

the*^\Tml''*1^? duties imposed upon the County officers or for the assessment 
coffecticfn ^ ^o f ^^^ collcctiou of taxcs ; and when such assessment and collection 

^^^^^- of taxes are necessarily delayed, the Comptroller General may 

R *^'s ^' e^o- postpone the time within v/hich the penalties imposed by law 
561.^' ^^^'' would attach. 

When to a ^'^^' ^^^- '^^^ Comptroller General should not issue to any 
S-s""^^ ^^"^^^ Auditor his warrant for the salary of such Auditor, until all 
~Q s 5-3. abstracts and reports due from or by such Auditor have been 
R^^s. 611; ih.. £jg^ \^ ^]-^g office of the Comptroller General. 

Shall furnish S^^- ^^^- ^hc Comptroller General shall furnish to the State 
S^l'^s of^In re^ Printer, for publication in the Reports and Resolutions of the 
fication^f r^'o^'m General Assembly, copies of all reports passed at each session 

^^^ °^'=^- and filed in his office. 

G. s. 554; 
R. S. 61 2; 
1878, XVI., 

825. 



OF SOUTH CAROLINA. 



ARTICLE IX. 




The State Treasurer, 



Sec. 



696. 
697. 
698. 
699. 
700. 

701. 
702. 

703. 

704. 

705. 

706. 

707. 



708. 
709. 



710. 



711. 



Salary of ; and of his clerks. 

Bond. 

Office hours. 

How payments by are made. 

How interest on State stock 
is to be paid. 

How lost checks replaced. 

When transfer books to be 
closed. 

Coupons in Treasurer's hands 
sufficient vouchers. 

Coupons to be paid in Char- 
leston also. 

Monthly report to Comptrol- 
ler of cash transactions, &c. 

To make monthly reports of 
Dispensary funds to State 
Board of Control. 

Warrant against defaulting 
County Treasurer ; proceed- 
ings on. 

Additional penalty. 

Further duties as to default- 
ing County Treasurers. 

Certain appropriations not to 
be drawn until contract 
lodged. 

Same ; how paid. 



Sec. 



712. 
713. 
714. 

715. 
716. 
717. 
718. 

719. 
720. 



721. 

722. 
723. 

724, 



To open account in books for 
each appropriation. 

Copies from books of, evi- 
dence. 

To issue triplicate receipts 
for money paid him ; how 
disposed of ; penalties. 

To report disbursements to 
Comptroller daily. 

May keep safe in bank for de- 
posit of moneys. 

Must deposit other moneys in 
bank ; in what banks, &c. 

Banks to make monthly state- 
ments of receipts and pay- 
ments ; to whom. 

Treasurer to exhibit bank 
books ; when and to whom. 

Examination of warrants by 
Joint Committee of General 
Assembly. 

Majority may act. 

Pay of members of. 

Treasurer's duties as to funds 
for educational purposes. 

How State Institutions must 
draw appropriations. 



Section 696. The Treasurer of the State shall receive a salary 
at the rate of nineteen hundred dollars per annum. And he shall 
employ a Chief Clerk at a salary of fifteen hundred dollars per 
annum; and two bookkeepers, the salary of each to be at the 
rate of thirteen hundred and fifty dollars per annum. 

See. 697. The Treasurer shall, before entering on the duties 
of his office, give bond, with two or more good and sufficient 
sureties, to be approved by the Governor, with a condition for 
the faithful discharge of his official duties, and in the penal sum 
of ninety thousand dollars. 

Sec. 698. The Treasurer shall keep open and attend in his 
office from nine o'clock in the morning until two in the afternoon 
on every day, Sundays, public holidays, and the two succeeding 
days to Christmas excepted. 

Sec. 699. All payments by the Treasurer of the State, except 
for interest on the public debt and the pay of members, officers 
and employes of the General Assembly, shall be made on war- 



Salary of, 
and of his 
clerks. 

G. S. 555; 
R. S. 613; 
1879, XVII., 
128; 1893, 
XXI.. 416. 

Bond of. 



G. S 
R. S. 
1865, XII 

-^50, §5 



556; 
614: 
III., 



of. 



Office hours 



G. S. 5 5 7; 
R. S. 615; 
1801, v., 411, 
§ 21. 

How p a y - 
ments by are 
made. 

~~G. S. s 5 8 
R. S. 616 
1876, XVI., 91 
1882, XVI I., 
753. § S- 



28o CIVIL CODE 

A. D. 1902. 



^-*'~v"^-^ rants drawn by the Comptroller General, and the vouchers for 
the claims shall be filed in his office. The said warrants in the 
hands of the Treasurer, properly endorsed, shall be sufficient 
vouchers for the payment of the same. 
oi^Stete'^lTod^ ^^^- '^^^' The Treasurer shall pay the semi-annual interest 
IS to be paid, upon all recognized Brown Consol or Blue four and one-half 
R. s! 6%;^i^b.'; P^^ ^^^^- ^^ Brown four per cent, stock of this State in manner 
zost' "^8 8^7" following, that is to say: To every person or persons in whose 
^88^," xx''. !^^"^^^ certificates of such stock are held, whose postoffice ad- 
xx!, ^711,^^1?! '^I'^ss is furnished to the said Treasurer, or which he is able to 
obtain, he shall send by mail at least two days before the first 
days of Januar}^ and July, respectively, in every year, checks 
drawn payable to the order of such person or persons, as the 
case may be, for the amount of interest due to him or them re- 
spectively. Such checks shall be payable at some bank or other 
financial agency, either in Columbia, Charleston or other finan- 
cial point, to be selected by the said State Treasurer upon con- 
sultation with the Governor and Comptroller General, accord- 
ing as either of the said cities or other financial points may be 
nearest to the postoffice address of such person or persons to 
whom such checks may be sent. And such checks, when re- 
turned to the Treasurer duly endorsed by the person or persons 
to whom the same were made payable, shall be taken and con- 
sidered as a sufficient and absolute voucher and receipt in his 
hands for the payment of the amount of interest specified 
therein. 
ch^ecks^Ve- ^^^- '^^^- I^ casc any check mailed in accordance with the 

p^^'^^^- provisions of the last Section shall be lost and shall fail to 

R. ^'s.^' ¥i8l ^each the person to whom the same has been mailed, the State 
1882, XVI., Treasurer shall, upon satisfactory proof to him of the fact of 
such loss, and upon receiving a bond of indemnity, with suffi- 
cient surety, approved also by the Attorney General, in an 
amount double the sum for which said check v\-as drawn, issue 
to the said person his duplicate check for the sum for which the 
original check was drawn, which duplicate check shall state 
upon its face that it is a duplicate, and that it is payable only in 
case the original check is unpaid. And such duplicate check, 
duly endorsed, shall be as sufficient a voucher in the hands of 
the Treasurer, the original being unpaid, as the original check 
would have been. 

Sec. 702. To facilitate the payment of interest in the manner 
hereinbefore prescribed, the State Treasurer is authorized to 



OF SOUTH CAROLINA. 281 

A. D. 1902. 

close the books of transfer of said stock for thirty days prior to ^ i ' 

the first days of July and January in each and every year, fer^^bo'okJ^To 
during which period no changes or transfers of such stock will ^^ closed. 
be allowed. r.% lig'fb'. 

Sec. 703. No receipt or voucher need be taken by the Treas- 

^ • 1 T-i Coupons in 

urer upon the payment of coupons of any recognized Brown Trea s u r e r s 
Consol or Blue four and a half per cent, or Brown four per vouchers. 
cent, bonds of this State, other than the delivery to him of the^ g. s. 560; 

^- . R. S. 620, lb. 

coupons so paid, which shall be held and deemed sufficient 
vouchers for such payment. 

Sec. 704. The Treasurer is authorized and directed to ar- coupons to 
range for the payment at maturity of the coupons of recognized Charleston also 
Brown Consol, or Blue, or Brown four per cent, bonds of this g. s. 561; 
State in the City of Charleston in addition to the other places 753. " ' " 
now fixed by law. 

Sec. 705. He shall, at the end of every month, report to the po^ °to*'^&mp- 
Comptroller General an accurate statement of the cash trans- ^^°^]^^g°^tion\'^ 

actions of the Treasury, of every description, stating therein ^f; 

every sum of money received or paid away in behalf of thej^/^-g.^' lll'[ 
State, particularizing the person and his office of whom re- 5|°^; v.',' 45'8.' 
ceived and to whom paid, as also on what account received, 
and for what purpose paid. 

He shall, at all times, when required by the Comptroller Gen- 
eral, produce to him satisfactory statements of the cash in hand, 
and furnish him promptly with official information, duly certi- 
fied, relative to any matter connected with the revenue and 
finance of the State. 

Sec. 706. In order to facilitate the keeping of the accounts urfr^\^o '^mlfke 
of the State Dispensary, it shall be the duty of the State Treas-^o"^^^*^^^^//^ 
urer, on the first days of each and every month, to transmit to °^ Control. 
the State Board of Control a statement of all moneys received j^g^^^' ^^^^^ 
by him upon account of the State Dispensary during the pre- 
ceding month, and a statement of all Dispensary warrants paid 
by him during said month, said statement to contain the num- 
ber and amount of all warrants so paid, their dates and the 
names of the payees, together with a statement of the balance 
in the State Treasury to the credit of the State Dispensary on 
the first day of said month. 

Sec. 707. Any County Treasurer who shall neglect to pay ao?instde^fluit- 
over to the Treasurer the amount in his hands belonging to the Tr^easurers'^ ^ ^ 
State, or for which he has made himself liable, as required by~G. s. =64; 
law, shall be liable to be committed to jail by warrant from the^^gg^^^^^^i 




CIVIL CODE 



Treasurer, which warrant shall be directed to all the Sheriffs 
of the State, who shall be bound in their several Counties to 
yield strict obedience to the same, under penalty of liability for 
neglect of duty; and such County Treasurer shall remain in 
strict custody until he shall have rendered a full account, and 
paid over the taxes for which he is accountable. 
them^ with^ m^ Scc. 708. If any County Treasurer shall refuse or neglect to 
^^^^^^- , pay the taxes received by him within the time required by law, 



R.*^' s.' 6 2 4|the Treasurer shall, in addition to the coercive power which 

1843, XI., 247, j^g ^^^ possesses, charge the County Treasurer with interest, 

at the rate of five per cent, per month, from the time he ought 

to have paid the taxes to the time of such settlement. 

to ^General As- Scc. 709. The Treasurer shall report to the General Assem- 

oTs^u c h^d e^ bly, at its annual session, every instance of default in the 

the Vteps taken County Treasurers, and state particularly the means which he 

against them, y^^^ made usc of against such defaulters, so that the General 

§\^9°/' ^■' '^'^' Assembly may be fully informed of any omission of duty, 

G. s. 566; wheresoever and by whomsoever, in the punctual and due col- 

^824^ vi.f 25^9, lection of taxes ; he shall instruct the Attorney General and 

^ ^^' Solicitors to proceed against all such defaulters, as soon as 

such defaults shall occur ; and it shall be the indispensable duty 

of the Treasurer to enforce all legal means against defaulting 

County Treasurers ; in failure whereof, he shall be held to 

make good any loss which the State may sustain thereby, and 

be, moreover, liable to be deemed guilty of a violation of his 

official duty. 

pri?t'irns^''shau Scc. 710. No appropriation placed under the direction of 

be drawn. ^^^ Board of Commissioners shall be drawn from the Treasury 

R.^'s.^'6^2^6; until the contract entered into by the Commissioners in virtue 
1824, V I., 259, thereof shall have been lodged in the Treasury. 
How appro- gee. 711. The Commissioners shall be authorized to draw 

priations shall 

be drawn. one-third of the appropriation placed under their direction in 
■D ^c P'- ^fu' advance, one-third when the contract is half finished, and the 

K. b. 627; lb., ' 

§§ 8, 9. balance when the work is completed and received by the Com- 

missioners : Provided, That in no case shall Commissioners be 
allowed to draw upon any contract which is not intended to 
carry into complete execution all the objects for which the ap- 
propriation shall be made by the Legislature, and which objects 
Must raise in shall be embraced by the terms of the contract. 
a'cco°un^t for Scc. 712. The Treasurer shall raise an account in the Treas- 
eachappropna-^^y books, in cvcry instance, for the several appropriations 

G s 7^ made by the Legislature, so that the appropriations of money 
R. 's. 'ez's; 
1803, v., 458, 
§ 29. 



OF SOUTH CAROLINA. 283 

A. D. 1902. 



and application thereof conformably thereto may appear clearly '•«-*-v-*-^ 

and distinctly on the Treasury books. 

Sec. 713. An exact copy of any entry from the books of the^^^c^^pi^^^ ^^ 

Treasurer, certified by the Treasurer, shall be admitted in evi- evidence. 

dence in any Court of this State, in the same manner as thCj^G.^s. 571; 

orisiinal books. 1^°^' ^■' 4". 

C) _ § 22. 

Sec. 714. The Treasurer, on receiving money from the state Treas- 
County Treasurers on account of State taxes, and phosphate tripii c a t e re- 
companies on account of phosphate royalty, or from any other '- 

person or persons whomsoever, on any account, shall issue trip- r. 's.^ '630; 
licate receipts for the same, one of which shall be designated 
the original, one the duplicate and the other the triplicate. The 
original shall be held by the person or persons making the pay- o r i g inai to 
ment of the money to the Treasurer, for his protection; the^^^^"^' 
duplicate shall be issued to the person or persons making such ^ ^pIPj^^l^^ ^"'^ 
payment, to be by him or them immediately forwarded to the 
Comptroller General, and the triplicate shall be sent direct from 
the State Treasurer to the Comptroller General,- who shall, ^^om ^^^f^^^f^^l 
such duplicate and triplicate receipts, make up a cash book, treasurer* ^ *^ 
upon which he shall charge the State Treasurer with having 
received the amounts as evidenced by said duplicate and tripli- 
cate receipts. Said State Treasurer shall designate on the 
face of each receipt on what account the money has been paid, 
so that the Comptroller General may be enabled to charge the 
said Treasurer separately with such amounts. If the State j^?j^'J^^,^y g^^°^^ 
Treasurer shall neglect to furnish receipts, as aforesaid, he shall Treasurer, 
forfeit and pay the sum not exceeding two hundred dollars, nor 
less than fifty dollars, to be recovered in any Court having 
jurisdiction thereof, and the Comptroller General, upon infor- 
mation made to him, shall take the necessary measures to cause 
the same to be recovered ; and should the person or persons to ^^^^^ ^^ ^^^ 
whom a duplicate receipt has been issued fail, within ten days 
after he has received such receipt, to send the same to the 
Comptroller General aforesaid, he shall be subject to like for- 
feiture and payment as State Treasurer, to be recovered in 
same manner. 

Sec. 715. The State Treasurer shall, at the close of business bJ^stiVf rels^ 

on each day, send to the Comptroller General a report of all "'"^^- 

moneys paid out by him, to whom paid and on what account, j^ *^g %i-^Tb^ 
except that paid upon warrants of the Comptroller General. 

As to examination of Treasurer's vouchers by the Comptroller General. — See 
Sec. 673, ante. 




CIVIL CODE 



Sec. 716. The Treasurer of the State shall have a safe in 
Safe in bank, the vaults of One of the banks of the City of Columbia, desig- 
G. S.5 73; nated by the Governor, the Treasurer, and the Comptroller 

R. S. 6 3 2 ; ■' . ^ . 

i|84, XVIII., General, and may place and keep therein moneys belongmg to 
the State. 
D e p o sit of Sec. 717. To facilitate the disbursement of the public moneys, 

State moneys. '- "^. 

— - — the Treasurer of the State shall deposit in such bank or banks m 

G. S. 574; -^ 

R- s. 6 3 3: this State as shall be agreed upon by the Governor, the Comp- 
786.' troller General, and the Treasurer, or by any two of them, and 

as in their opinion shall be secure, all the moneys belonging to 
the State, other than he may keep in the safe in the vault of 
one of the banks in the City of Columbia, as authorized in 
Section 716, the moneys so deposited to be placed to the credit 
To credit of of the Treasurer of the State of South Carolina. He shall keep 

Treasurer. _ _ '■ 

Bank book ^ bank book showing his deposits in and moneys drawn from 

the banks in which deposits are made. 
Banks to re- gg(,_ 718. The Said banks shall, respectively, transmit to the 

port deposits ' r- j ■> 

"'""'^^ly- Governor and Comptroller General monthly statements of the 

R ^"s^" 6^''^- rnoneys which shall be received and paid by them on account of 
ises.xiv.M: the Treasury. 
Must exhibit Scc. 719. The Treasurer shall exhibit his bank book to the 

bank book to 1, ^ 11^ r 1 • • ■ 

Comptroller Comptroller General and Governor, for their examination, on 

and Governor . . . . . - 

m o n t h ly, at the first Tucsday m every month, and oitener, if required. 

As to examination of accounts by Joint Committee of General Assembly. — See 

R % 6\-'^'lb'' Section 78, ante. 

How made. Sec. 720. The Joint Committee of the General Assembly 

G. s. 579; shall also compare the warrants drawn by the Comptroller 

i868,xiv.,^i6', General, or any other officer, on the Treasury during the year 

^^' ending on the said 31st day of December preceding, with 

the several laws under which the same shall purport to have 

been drawn, and shall, in like manner, certify and report 

whether the Comptroller General or other officer had power 

to draw such warrants; and if any shall be found which, in 

their opinion, there was no power to draw, they shall specify 

Who can act. the Same in their report, with their reasons for such opinion. 

G^sTTs^ Sec. 721. A majority of the members of such Committee 

§ 8. ' ^^' '' may perform all the duties required by law of the Committee. 

Compensation Scc. 722. The members of the Committee shall receive the 

of Committee. . . , ^_ . . . , 

—same compensation from the Treasury, for services and travel 

R. s. 640; lb.', required to be performed by them, as is allowed to members of 
the General Assembly. 

Sec. 723. The State Superintendent of Education shall take 



OF SOUTH CAROLINA. 285 

A. D. 1902. 



and hold in trust for the State any grant or devise of lands, and ^ y — -^ 

any gift or bequest of money or other personal property made T^a^urer with 
to him for educational purposes, and he shall pay into the State [or Educational 
Treasury, for safe keeping and investment, all moneys and P^''P°^^^- 
incomes from property so received. The Treasurer of the j^ ^-g^-gS^^; 
State shall, from time to time, invest all such moneys in the^^"^' ^^^•' 
name of the State, and shall pay to the State Superintendent of 
Education, on the warrant of the Comptroller General, the in- 
come or principal thereof as he may, from time to time, require : 
Provided, That no disposition shall be made of any grant, 
devise, gift, or bequest inconsistent with the conditions or 
terms thereof. For all such property, his bond shall be re- 
sponsible as for other funds received by him in his official 
capacity. 

As to quarterly payment of State moneys by State officers into the State Treas- 
ury. — See Sec. 6i6, ante. 

Sec. 724. The appropriation made for a State institution How state in- 
shall be paid to the Treasurer of the institution, who shall be a draw" appro- 
bonded officer, the amount of the bond not to be less than the— '^ '°"^" 

amount to be drawn at any one time, and to be fixed by the 356?°' 
governing Board, the bond to be approved by the Attorney 
General as to its form and execution, and by the Governor as 
to its sufficiency, and to be filed with the State Treasurer. The 
Treasurer of the institution shall draw his receipt warrant upon 
the Comptroller General for the amount needed, which receipt 
warrant shall be countersigned by the President or Superinten- 
dent of the institution, and have attached thereto an itemized 
sworn statement showing the purposes in detail for which the 
money to be drawn is to be used monthly only, and all money 
for other purposes to be drawn only when actually owing 
and due. 

Upon the receipt by the Comptroller General of the receipt -^^^ ^^^_ 
warrant, signed and countersigned, and with statement attached [|"drawn. ^^^^' 
as above provided, the Comptroller General shall issue his war- 
rant on the State Treasurer in favor of the Treasurer of the 
institution for the amount drawn, and the State Treasurer shall 
pay the same, the amount thereof to be charged to the appro- 
priation account of such institution by the Comptroller General 
and the State Treasurer. 




CIVIL CODE 



ARTICLE X. 

The State Librarian and Board of Trustees of State 

Library. 



Sec. 

725. Election and term of office. 

726. Duties. 
■ 727. Salary. 

728. Oath and bond. 

729. Board of Trustees of State 

Library. 



Sec. 

730 and 731. Powers of Board. 

732. Unbound volumes. 

733. Empowered to sell certain 

books. 

734. Trustees to report to General 

Assembly. 



State Libra- SectioiL 725. The General Assembly shall elect a State Librar- 

rian. how elect- ' , ., 

ed and term o£ ian, whose term of ofQce shall be for two years, and untn a 
— „ „ ^.^.■,^ successor shall be elected and qualified. 

1898, XXII., ^ 

764. Sec. 726. The State Librarian shall have the charge and 

Duties of. responsibility for the safe keeping of the property of the State 
lb. committed into the care of the said officer, and shall performx 

the duties required by, and shall otherwise act under the direc- 
tion of the Board of Trustees as hereinafter constituted. 
Salary o£. Scc. 727. The Salary of said officer shall be eight hundred 



^IPrW^ 1900, dollars, and it shall be due and paid as the salaries of other 

XXiiJ.., 410. 

State officers are due and paid. 
Oath of office gee. 728. The State Librarian, before entering upon the 

and bond of. ' . , 

— „ „ ^^^-, duties of the office, shall take and subscribe the oath prescribed 

1898, XXII., ' 

765- in Section 26 of Article III of the Constitution, and shall also 

enter into a bond with the State, to be approved by and filed 

with the State Treasurer, in the sum of two thousand dollars, 

for the faithful discharge of the trust reposed. 

Board of ggg^ 729. The Governor, the Secretary of State and the 

1 rusteees tor ' •' 

the State Lib- Superintendent of Education, and their successors in office, 

— ex officio, shall constitute a Board, to be designated and known 

as the Board of Trustees for the State Library, and shall be 
vested with the duties and powers hereinafter conferred to con- 
duct, care for and foster the State Library so as to enhance its 
usefulness to the citizens of the State. 
Boa^d" ^ "■ ^ °^ Sec. 730. The said Board shall have the power of expending 
any moneys appropriated for the increase of the State Library 
in the purchase of suitable books and other matter of a literary 
and scientific nature and works of art appropriate to a complete 
librarv^, as in the exercise of discretion may seem to be for the 
^ interest of the State Library. The Board shall also have the 

power to make convenient rules for its care and management, 
which shall be printed and publicly displayed within the library 



OF SOUTH CAROLINA. 



287 

■ A. D. 1902. 

hall, and so regulate the conduct of the State Library as may ^— -^v"*-' 
best advantage the citizens of the State and increase its useful- 
ness. 

Sec. 731. The said Board of Trustees shall be empowered p^'^ers^f,^ ^ ^ 
to accept and retain donations of books and other property J^ 
adding to the value of a public library, whether the donation 
be absolute or in trust, temporary or indefinitely, and shall like- 
wise receive and disburse any funds obtained by gift, will or 
otherwise for the use of the State Library. 

Sec. 732. It shall be the duty of the said Board of Trustees un^f/nd^'^o\° 
to be caused to be bound any unbound volumes deposited in ""■^^• 
the State Library that in its judgment may be necessary, and 
shall cause the same to be stamped as the property of the State. 
The cost of binding, which may not exceed the price charged 
by contract with the State at the time of such work, shall be 
paid out of the State Treasury upon the warrant of the said 
Board of Trustees. 

Sec. 733. The said Board of Trustees are hereby empowered to^s'^ifc^/tafn 
to sell any books of any kind, in the nature of public documents, ^°°^^- 
or surplus books of other kinds, whether bound or unbound, 
in the State Library, at a fixed and reasonable price, and the 
proceeds of sales of the same shall be invested from time* to 
time by the said Board in books for the increase of usefulness 
of the State Library : Provided, That sufficient copies be re- 
tained for the use of the General Assembly and for free dis- 
tribution among public libraries and the governments of other 
States and of the United States. 

Sec. 734. The Board of Trustees for the State Library are .ejon 'tTcen- 
required annually to make a report of the proceedings of the annuaUy!^™''^^ 
Board and the condition of the Library in its charge to the 
General Assembly, with any recommendations that may seem 
for the advancement of the interests of the Librarv. 



ARTICLE XI. 
The State Geologist. 



Sec. 



735. Appointment, term, &c. 

736. Duties. 

737. Compensation. 

738. Puller specific duties. 



Sec. 

739. Annual report. 

740. State cabinet of geollogical 

specimens. 



288 



CIVIL CODE 



Duties. 



lb. 



Compensation, 

lb. 



Duties. 



A. D. 1902. 

^^-^-v"*-^ Sec. 735. The Governor, by and with the advice and consent 
State Geoio- of the Senate, shall appoint, for a term of two A^ears, a State 

gist to be ap- ' '^^ _ -' ' 

pointed; term; Qeolog-ist, who shall have the qualifications of a g"ood moral 

removal from o ' n o ^ 

office- character and a competent knowledge of scientific and practical 

1901, XXIII., Geolog}^ and j\Iineralog}' : Provided, The Governor may re- 
move the State Geologist, for cause, at any time, and appoint 
a successor, whose appointment shall be confirmed by the Sen- 
ate at its next session. 

Sec. 736. The duty of the State Geologist shall be to continue 
and extend the investigations already made into the Geological 
structure and resources of the State. 

Sec. 737. The compensation of the State Geologist shall be 
one hundred and twenty-five dollars per month, and for neces- 
sary assistance, and for expenses a sum not to exceed seven 
hundred and fifty dollars per annum, payable monthly, the said 
salar\- and pay for assistance and expenses to be paid by the 
State Treasurer monthly out of any funds not otherwise appro- 
priated, on the warrant of the Comptroller General, based on 
itemized and verified statements of the services and expenses 
submitted to and approved by the Governor. 

Sec. 738. It shall be the duty of the State Geologist to study 
and determine as nearly as possible the number and extent of 
the various formations of the State, to represent the same, from 
time to time, upon properly constructed maps and diagrams ; 
to study the modes of occurrence and the distribution of the 
useful minerals and products of these formations ; to determine 
the chemical composition and structure of the same; to inves- 
tigate the soils and water supply of the State; and to give 
attention to, locate and describe phosphate deposits, useful 
building stone, kaolin material for brick, for cement and other 
substances useful or valuable to the citizens of the State. 
' Sec. 739. The State Geologist shall make, and submit to the 
Governor, on or before the first day of January of each year, a 
report covering his work of the preceding year, and the report 
shall be transmitted to the General Assembly, to be printed in 
the same manner as other public documents, or as shall be other- 
wise ordered. 

Sec. 740. The State Geologist may from time to time collect 
geological specimens for a State Cabinet, and is hereby author- 
ized to procure, at the expense of the State, when needed, suit- 
able cases for such Cabinet, not to exceed fifty dollars, payable 
as provided for his other expenses, to be located in the Legis- 



Ib. 



Report. 



lb. 



Speciinens. 
' lb. 



OF SOUTH CAROLINA. 



lature Library Hall or other suitable place in the State House, 
to be designated by the Secretary of State; of which Cabinet, 
when established, the State Geologist shall be the curator. 



289 



A. D. 1902. 



ARTICLE XII. 

State Entomologist and State Board of Entomology. 



Sec. 



741. State Board of Entomology ; 

how constituted ; term of 
ofBce. 

742. Powers to Board to make 

rules and regulations. 

743. Appointment of State Ento- 

mologist. 

744. Compensation of Entomolo- 

gist. 

745. Duties of Entomologist. 

746. Sale of infected or diseased 

plants prohibited. 



Sec. 

747. Entomologist to enter any 

premises in the discharge of 
his duties. 

748. Regulations to be adopted to 

prevent introduction of crop 
pests. 

749. Inspection of nursery stock, 

certificate. 

750. To be made annually, &c. 

751. Non-resident nurserymen. 

752. Investigations on reports to 

Board. 



Powers. 
lb. 



Section 741. On or before April the ist, iQOi, and every two , state Board 

'^ > y ' -'of Entomology. 

years thereafter, the Board of Trustees of Clemson College ^ ^^ xxiii 
shall designate three members of the said Board, who shall 703. 
constitute and be known as the State Board of Entomology, 
and who shall be charged especially with the execution of the 
provisions of this Article. 

Sec. 742. The said Board shall have full power to adopt 
such rules and regulations governing the inspection, certifica- 
tion, sale, transportation and introduction of trees, plants, 
shrubs, cuttings, buds, vines, bulbs, or roots, that they may 
deem necessary or advisable, to prevent the introduction or 
dissemination of destructive pests and plant diseases in this 
State. 

Sec. 743. The said Board shall have power to appoint an Entomologist 

. -^ -^ to be appomt- 

Entomologist, who shall be a skilled horticulturist, and an As- ^'^■ 
sistant Entomologist if, in their judgment, it shall be impracti- 
cable for the Entomologist so to be appointed to discharge the 
duties hereby devolved upon him ; and such Entomologist shall 
act as an inspector under the provisions of this Article; and it 
shall be the duty of said Board to promulgate rules and regula- 
tions in accordance with this Article for the guidance of said 
Entomologist and his assistant, if one shall be appointed, in the 
duties devolving upon him under the provisions hereof. 

Sec. 744. The said Board shall fix the salary of said En- 



Ib. 



19. — C 



290 CIVIL CODE 

A. D. 1902. 



^-*""V*^ tomologist, and of his assistant, if one shall be appointed; the 
Comp ensation, g^j^ salary shall be paid out of the funds now provided by law 
^^- for the uses of Clemson College; and, in addition to said sal- 

aries, such expenses as the said Board may allow for traveling 
and other incidental expenses of the Entomologist and his as- 
sistant, and the issuing of reports, or other publications, shall 
be paid out of the funds provided for the uses of Clemson 
College. 
speTrt?eit ^^^' '^^^' ^^^ Entomologist shall have power, under the 
viLey'lrds.^ "" "^ regulations of the said Board, to visit any section of the State 
where insects injurious to or destructive of plants are believed 
^ , to exist, and shall determine whether any infested trees, or 

Treatment by ' . . -' ' 

destruction of, plants, or vincyards are worthy of remedial treatment, or should 
be destroyed ; and he shall report his findings in writing to the 
owner of the premises where such trees, or plants, or vineyards 
are situated, or to his agent or tenant, and a copy of his report 
shall also be submitted to the said Board. In case of objection 
to the finding or report of the inspector, an appeal may be had 
to the said Board, who shall have the power to summon wit- 
nesses and hear testimony on oath, and whose decision shall be 
final. Upon the finding of the inspector in any case of infested 
trees, or plants, or vineyards, the treatment prescribed by him 
shall be executed by the owner of the premises, unless an ap- 
peal is taken, and the cost of material incident to such treat- 
ment shall be borne by the owners of the premises : Provided, 
however, That in case the trees, or plants, or vineyards shall be 
condemned by the inspector, they shall be destroyed, by his di- 
rection, by the owner of the premises, and the expense of said 
action shall be borne by the owner of the premises: And Pro- 
vided, further. That the provision in reference to destroying 
plants shall not refer to cotton, corn, grain or such other field 
plants as are not subject to sale and transportation. No com- 
pensation shall be paid to the owner of the premises for any 
plant that shall thus be destroyed. 

The failure or refusal of owner of premises to execute treatment prescribed by 
entomologist, &c., is a misdemeanor. — See Criminal Code. 

Sale of in- Scc. 746. It shall be unlawful to sell, or offer for sale, or 
eased pYa n'ts transport plauts, buds, trees, shrubs, vines, tubers, bulbs, roots 

^^° ^ '^^ " or cuttings known to be infested with dangerous or injurious 

insects or plant diseases. 

Violation of this Section is a misdemeanor. — See Criminal Code. 

Entomologist Sec. 747. The said Entomologist, or his assistant, is 

may enter any 

premises, &c. hereby authorized and empowered to enter upon any premises 

lb. 



OF SOUTH CAROLINA. 




in this State for the discharge of the duties hereby prescribed, 
or that may be prescribed by said Board. 

His obstruction is also a misdemeanor. — See Criminal Code. 

Sec. 748. The said Board shall have the power to adopt ^^^°^^Jg^^^° 
rules and regulations, consistent with the laws of this State and regulations t o 

o ' prevent mtro- 

of the United States, for preventing the introduction of in- Auction of crop 

' ^ "^ pests. 

jurious crop pests from without the State, and for the govern- ~ 
ment of common carriers in transporting plants liable to harbor 
such pests to and from the State. ' 

Sec. 749. It shall be unlawful for any grower of fruit trees, injectfon'^and 
nurserymen, or corporation to ship within this State any trees, e-^amination. 
shrubs, cuttings, vines, bulbs, or roots without having the same ^'^• 
previously examined by said Entomologist, or by his assistant, 
within six months next preceding date of such shipment, a 
certificate of such inspection in such form as may be adopted 
by said Board to accompany each box or package. 

Violation of this Section a misdemeanor. — See Criminal Code. 

Sec. 750. All fruit growers, nurserymen or corporations re- s p e'c't io^n 'of 
siding in this State, dealing in or handling fruit trees, shrubs, et^^f^n" State^' 
cuttings, vines, bulbs, or roots, shall be compelled to have his or J^_ 
their stock inspected annually on or before the ist day of No- 
vember of each year. If, upon such inspection, such stock is 
found to conform to the requirements of said Board, the in- 
spector shall furnish a certificate to that effect ; or if such stock 
shall not conform to the requirements of said Board, then the 
said inspector may cause the same to be destroyed, at the ex- 
pense of the owner thereof : Provided, That any fruit grower, 
nurseryman or corporation residing without this State and 
desiring to sell trees, shrubs, cuttings, vines, bulbs or roots 
within this State, may notify the State Entomologist of this 
State, who shall inspect and certify their stock : Provided, 
Such fruit grower, nurseryman or corporation shall pay all 
costs incident' to such inspection and certification. 

Sec. 751. All persons or corporations residing without nurserymen.^'^ 
the limits of this State, dealing in trees, plants, cuttings, J^. 
shrubs, vines, or roots, shall register his, their or its name, and 
file a copy of his, their or its certificate of inspection, furnished 
by the Entomologist, or Inspector, or dul}^ authorized official of 
the State in which he or they or it resides, with the Chairman 
of said Board. Upon failure to comply with this requirement, 
any of said articles that may be shipped into this State may be 
confiscated or destroyed by the authority of said Board. 




CIVIL CODE 



&c. 



lb. 



Sec. 752. When two or more reputable citizens of any 
,n''7omffainfs! County in this State notify the Chairman of the State Board of 
Entomology that noxious insects or plant diseases exist in 
their County, it shall be his duty to have the Entomologist 
promptly investigate the matter and take such steps as author- 
ized and prescribed in this Article and by the State Board of 
Entomology. 
re?Tifations ^"'^ The Said Board is hereby authorized and empowered to make 
such rules and establish such regulations to carry out the pro- 
visions of this Article as in their judgment will best promote the 
accomplishment of the purposes intended to be effected by this 
Article. 



CHAPTER XX. 

County Officers. 

Article i. The County Supervisor and Board of Commis- 
sioners. 
Article 2. The Sheriff. 
Article 3. The Coroner. 
Article 4. The Clerk of Circuit Court. 
Article 5. The Register of Mesne Conveyances. 
Article 6. The Judge of Probate. 
Article 7. The Master. 
Article 8. Magistrates. 
Article 9. Constables. 



ARTICLE I. 

The County Supervisor and County Board of Com- 
missioners. 



Sec. 

753. Election of County Super- 

visor ; term of office. 

754. Bonds of County Supervisors. 

755. General Jurisdiction of Coun- 

ty Supervisors. 

756. County Board of Commission- 

ers, how composed, gener- 
ally. 

757. County Board of Commision- 

ers, how composed in cer- 
tain Counties. 



Sec. 

758. The County Supervisor the 

chairman of such Board. 

759. Salaries of County Super- 

visors. 

760. Compensation of County Com- 

missioners. 

761. Special provision as to such 

Board in certain Connties. 

762. Bonds of County Commis- 

sioners. 



OF SOUTH CAROLINA. 



293 



Sec. 

763. Clerks of Boards of County 

Commissioners ; salaries. 

764. Township Commissioners in 

certain Counties. 

765. Organization of County Board 

of Commissioners in such 
Counties. 

766. Compensation of such Town- 

ship Commissioners. 

767. Accounts to be presented for 

approval and payment. 

768. Annual report to Circuit 

Court. 

769. Publication of quarterly re- 

ports in certain counties. 

770. Duplicate copies of approved 

claims to be furnished Rep- 
resentatives ; when required. 

771. Right to administer oaths, &c. 

772. Convicts may be sentenced to 

chain gang. 

773. County Supervisor to have 

charge of chain gang. 

774. Care of convicts. 

775. Municipal convicts. 

776. Hire of convicts to other 

Counties. 

777. Exchange of convict labor 

with other Counties. 

778. Maintenance of convicts on 

chain gangs. 

779. Hire of Convicts to be paid 

into County Treasury. 

780. Chain gangs may be used to 

promote public health. 

781. Fees for dieting prisoners. 

782. Clothing convicts on chain 

gang. 

783. Disposition of unmanageable 

or disabled convicts. 

784. Health of convicts. 

785. Paupers and Poor House. 

786. Regulations for Poor House. 

787. Control of property for the 

poor. 

788. Apprenticeship of poor, or il- 

legitimate children. 

789. Moneys paid by fathers of 

bastards. 

790. Contracts as to Poor House. 

791. Claims in reference to same. 

792. Report as to Poor House. 

793. Seal of County. 



Sec. 

794. Fees to be paid by County. 

795. Court fees to be paid by 

County. 

796. Constables' salaries ; deduc- 

tions from. 

797. Sheriffs, &c., to execute orders 

of Board. 

798. Reports by County officers. 

799. Estimate of expenses to be 

furnished Comptroller Gen- 
eral. 

800. Penalty for defaults by Coun- 

ty Supervisor. 

801. Salaries of Supervisors to be 

paid quarterly. 

802. Records and minutes of 

Board open to inspection. 

803. County funds raised by tax- 

ation not subject to levy. 

804. Fiscal year ; time and notice 

of annual meeting. 

805. Fees of Magistrates and other 

officers ; when allowed, &c. 

806. Claims against County ; how 

made out and verified. 

807. Claims to be entered on File 

Book. 

808. Claims when barred. 

809. When and how orders on 

County Treasurer are to be 
drawn. 

810. Certified copies of accounts to 

be given parties demanding 
them. 

811. Comptroller General to pre- 

scribe forms and system of 
bookkeeping. 

812. County officers to be fur- 

nished certain necessaries. 

813. Rooms for Courts to be fur- 

nished. 

814. Extra allowance to salaried 

officers forbidden. 

815. May change name of Town- 

ships, notice. 

816. May borrow money in certain 

Counties. 

817. Obligation to be given for 

loan. 

818. Use of money so borrowed. 

819. Loan to be paid by lender to 

County Treasurer. 



A. D, 1902. 



Section 753. There shall be an election held at each e-eneral ^ Election o f 

1 . I- o r^ • 1 County Super- 

election for btate officers m the several Counties of the State for ^i?£"'- , , 

. ierm of of- 

one County Supervisor, whose term of office shall be two years, ^ 

and until his successor shall have been elected and qualified. R- s. 6^3; 

_ ^ 1893, XXI., 

Sec. 754. 1 he County Supervisor so elected shall, before en- 482; 1899, 




CIVIL CODE 



taring upon the duties of his office, execute a bond for the use 
Bond of Su- of the Countv, with three or more sufficient sureties, for the 

pervisor. -^ ' ' 

— ^^ — ^ — Y~. faithful performance of his duties, in the penal sum of five 
XXIII 666^' thousand dollars, except in Orangeburg and Pickens Counties, 
where his bond shall be in the sum of two thousand dollars. 
Said bond to be approved in the same manner as now provided 
for bonds of County Auditors and County Treasurers, except 
in Orangeburg County, where said bond shall be approved by 
the County Auditor and County Treasurer. 
diction"of'"su- ^^^' ^^^- The County Supervisor shall have general jurisdic- 
perv isor. tion ovcr all public highways, roads, bridges and ferries, and 

^^R. s. 645; over the paupers, and in all matters relating to taxes and dis- 
bursements of public funds for County puposes, in their re- 
spective Counties, and in any other case that may be necessary 
for the internal improvement and local concerns of their re- 
spective Counties ; said Supervisor shall have power and au- 
ter^oaths™"^'^' thority to administer oaths to any person in reference to mat- 
ters appertaining to his office. 
oftommi?s°ion'^ ^^^- ^^^- There shall be in each of the Counties of this State, 
^osed^°^ '=°'"' except Bamberg, Barnwell, Beaufort, Charleston, Cherokee, 
1800 XXIII Chester, Kershaw and Hampton, a County Board of Commis- 
xxiii' 2^ 7°°' sioners, which shall be composed of the County Supervisor, 
^9oi.g XXIII., -^ 1^0 shall be elected and hold office as now provided by law, 
and two Commissioners who shall be appointed by the Gover- 
nor, upon the recommendation of the members of the General 
Assembly from the several Counties, or a majority of them, 
and whose term of office shall be co-terminal with that of the 
Supervisor with whom they are appointed to serve, and until 
their successors shall be appointed and qualified. Said Commis- 
sioners shall be commissioned by the Secretary of State as other 
County officers, but without charge for their commissions : 
Provided, That in the Counties of Colleton, Union, Dorchester, 
Lexington, Laurens, Oconee, Orangeburg and Spartanburg the 
said two Commissioners are to be elected by the qualified elect- 
ors thereof at each general election. They shall hold for two 
years, and until their successors are elected and qualified : Pro- 
vided, further, That in Richland County one Commissioner 
shall be elected in each township by the qualified electors there- 
of at the next general election and every two years thereafter, 
and they shall hold office for two years from election, and until 
their successors shall be elected and qualified. 
xxi''483^^^' ^^^' '^^'^' ^^ ^^^ Counties of Bamberg, Barnwell, Beaufort, 



OF SOUTH CAROLINA. 




Charleston, Cherokee, Chester, Kershaw and Hampton, the 
County Board of Commissioners shall be composed of the Coun- 
ty Supervisor and the chairmen of the Township Boards of 
Commissioners in the several Townships appointed by the Gov- 
ernor. 

Carolina Grocery Co. v. Burnet, 6i S. C, 205; 39 S. E., 381. 

Sec. 758. The County Supervisor shall be the chairman of county Boards 
the County Board of Commissioners. xxi., 483; 

Sec. 759. The County Supervisors of the various Counties ^^m- ^66- 
shall receive annual salaries, payable as now provided by law, ^oi^^ty "super^ 

as follows : Abbeville, seven hundred dollars per annum ; Aiken, ^i^sors^ 

eiffht hundred dollars ; Anderson, eiffht hundred dollars : Bam- J^oo, xxiii, 

' ' & ' 281; 1901, lb., 

berg, six hundred dollars ; Barnwell, eight hundred dollars ; ^^4. 667. 
Beaufort, eight hundred dollars ; Berkeley, five hundred dol- 
lars ; Charleston, twelve hundred dollars ; Cherokee, five hun- 
dred dollars ; Chester, eight hundred dollars ; Chesterfield, six 
hundred dollars ; Clarendon, six hundred dollars ; Colleton, five 
hundred dollars ; Darlington, six hundred dollars ; Dorchester, 
four hundred dollars ; Edgefield, three hundred dollars after 
the first of January, 1901 ; Fairfield, six hundred and fifty dol- 
lars ; Florence, six hundred dollars ; Georgetown, eight hundred 
dollars ; Greenville, eight hundred dollars ; Greenwood, seven 
hundred dollars : Provided, The Supervisor shall spend his 
whole time on the roads and in the County ; Hampton, six hun- 
dred dollars ; Horry, three hundred dollars ; Kershaw, six hun- 
dred dollars ; Lancaster, three hundred dollars ; Laurens, six 
hundred dollars ; Lexington, two hundred and fifty dollars ; 
Marion, eight hundred dollars ; Marlboro, five hundred dol- 
lars ; Newberry, seven hundred and fifty dollars ; Oconee, two 
hundred and fifty dollars, without mileage : Provided, That he 
shall be required to spend only so much of his time on the roads, 
bridges and public affairs of said County, acting with the other 
members of the County Board of Commissioners as shall be 
necessary for the proper care and discharge thereof, and per- 
form all other duties required of Supervisors by law ; Orange- 
burg, three hundred and fifty dollars ; Pickens, two hundred 
dollars ; Richland, nine hundred dollars ; Spartanburg, one 
thousand dollars ; Saluda, four hundred dollars ; Sumter, seven 
hundred and fifty dollars ; Union, six hundred dollars ; Wil- 
liamsburg, six hundred dollars ; York, six hundred dollars. 

Sec. 760. The County Commissioners shall each receive from ^ i^9oo,^xxiii. 

the respective Counties, as compensation for their services, ^^^^^fif^'l'^^l) 

664, 667. 



296 CIVIL CODE 

A. D. 1902. 

^-— Y— ' sum of three dollars per day, not exceeding twenty-five days in 
any year, except the County Board of Commissioners of Flor- 
ence County who shall receive five cents (5c.) per mile one way 
in the most direct route going to the Court House on official 
business, except in Saluda, where they shall not exceed thirty 
days in any year ; and in Newberry County, where the per diem 
shall not exceed seventy-five dollars ; and in Chesterfield and 
Clarendon Counties, where they shall receive two dollars per 
day and five cents per mile for each mile traveled in going to 
and returning from the meetings of the Board at the Court 
House, not exceeding twenty-five days ; and in Greenville, 
where they shall receive two dollars per day not exceeding 
seventy-five days ; and in Lancaster and Sumter Counties, 
where they shall receive two dollars per day for not exceeding 
twenty-five days ; and in Sumter and Berkeley Counties mileage 
not exceeding five cents per mile in going to and returning from 
the Court House by the nearest route to attend the meetings of 
said Board, shall also be allowed said Commissioners ; and in 
Fairfield County, where they shall receive two dollars per day, 
not exceeding thirty-five days ; and in Greenwood County, 
where they shall be on duty not less than fifty days and each re- 
ceive one hundred dollars per annum; and in Pickens and 
Oconee Counties, where they shall each receive two hundred 
dollars per annum after the year 1900 ; said Commissioners to 
be elected at the next general election, and every two years 
thereafter; and in Spartanburg County, where they shall re- 
ceive two dollars and fifty cents per day for not exceeding one 
hundred days, and five cents per mile for each mile of neces- 
sary travel on official duty ; and except in the County of Colle- 
ton, where they shall receive three dollars per day each for not 
exceeding fifty days in any one year, and except in the County 
of Aiken where they shall receive three dollars per day each for 
not exceeding sixty days in any one year : Provided, That in 
the County of York, each of the County Commissioners shall 
receive the sum of one hundred and fifty dollars per annum in 
full for their services, the same payable monthly: Provided, 
further. That in the Counties of Lexington and Union said 
Commissioners shall each receive a salary of two hundred and 
fifty dollars per annum ; in Dorchester County, two hundred 
dollars per annum ; and in Orangeburg County, a salary of 
three hundred and fifty dollars per annum, without mileage. 
Sec. 76L In Colleton and Oconee Counties one of said Com- 



OF SOUTH CAROLINA. 




missioners shall be present and act with the County Supervisor 
in awarding all contracts for the repair of highways ^iid visfons'^as'^To 
bridges, where the contract price exceeds ten dollars, and shall ^f°^^^jj^j^g°;^^j{^ 
likewise be present when such repairs are to be inspected and re- coundes?^'^*'^"^ 
ceived. In the County of Orangeburg, in addition to the duties 
now devolved by law upon such Boards, said Board of Commis- 
sioners for said Counties shall have joint control of the County 
chain gang and Poor House farm and shall prepare and keep a 
record of the roads, with the number of miles of each highway 
and the number of bridges over ten feet in length on each of 
said roads, and shall also furnish a certified statement of the 
receipts and expenditures of all the County officers, and shall 
transmit the same to the members of the General Assembly, not 
later than lo days after the opening of the session thereof ; and 
in the Counties of Dorchester and Marlboro the Commissioners 
shall, on or before the second Monday of each and every month, 
file with the Clerk of the Court of Common Pleas a full and 
itemized statement of all the purchases, disbursements and ex- 
penditures during the preceding month, which statement shall 
be open for public inspection. 

Sec. 762. The said two County Commissioners appointed, or q 
elected, as prescribed in Section 756 shall each give bond in the 1901, xxiii., 
sum of one thousand dollars, except in Lexington, Orangeburg ^^^' ^^''■ 
and Pickens Counties, where their bonds shall be in the penal 
sum of two thousand dollars. 

Sec. 763. The said Boards may, in each of the Counties gourds ^o°f 
named in this Section, and in no others, elect a clerk, who shall ^rs;^uties^and 

perform the duties of secretary, and be paid an annual salary as ^^^^"^^" 

now provided by law, to be fixed by the Board, not exceeding 28'^3^;°°'9^ifib!; 
in the several Counties the sums hereinafter named, to wit : ^°''- 
Aiken, two hundred dollars ; Anderson, one hundred and fifty 
dollars ; Barnwell, four hundred dollars ; Berkeley, two hundred 
dollars ; Charleston, one hundred and fifty dollars ; Cherokee, 
two hundred dollars ; Clarendon, one hundred and fifty dollars ; 
Colleton, one hundred and fifty dollars ; Darlington, one hun- 
dred and fifty dollars ; Dorchester, one hundred dollars ; Edge- 
field, one hundred and fifty dollars, after the first of January, 
1901 ; Florence, seventy-five dollars ; Georgetown, one hundred 
dollars ; Greenville, two hundred and fifty dollars ; Greenwood, 
one hundred and fifty dollars ; Horry, one hundred dollars ; 
Hampton, one himdred dollars ; Lancaster, one hundred dol- 
lars ; Laurens, one hundred and fifty dollars ; Marion, two hun- 



B o n d of 

ommissioners 



298 CIVIL CODE 

A. D. 1902. ■ 



"— "^Y^*-^ dred dollars ; Oconee, one hundred dollars ; Pickens, one hun- 
dred dollars ; Richland, five hundred dollars ; Spartanburg, five 
hundred dollars ; Saluda, one hundred dollars ; Sumter, three 
hundred dollars ; Union, one hundred and fifty dollars ; Wil- 
liamsburg, fifty dollars ; York, one hundred dollars ; Orange- 
burg, one hundred dollars ; Lexington, one hundred dollars : 
Provided, That in Newberry County the County Board of 
Commissioners may elect a clerk, who shall be an attorney-at- 
law, and who shall perform the duties of clerk and attorney for 
said Board, with an annual salary of one hundred and fifty dol- 
lars, payable monthly: Provided, further. That in Greenville 
County, the clerk shall be appointed by the Supervisor. In the 
other Counties the County Boards of Commissioners shall, at 
their first meeting, elect one of its members as secretary thereof, 
Co'^nfmissS Scc. 764. In the Counties of Bamberg, Barnwell, Beaufort, 
pomted°^ te?m Charleston, Cherokee, Chester, Kershaw and Hampton, the 
°^ °^'^^- Governor shall appoint, upon the recommendation of the Sena- 

4 il'^-f'i s'^e'! ^o^ ^"^ members of the House of Representatives from the re- 
XXII., 246. spective Counties, three discreet qualified electors in each town- 
ship in the several Counties of this State, who shall be known 
as the Board of Township Commissioners, whose term of office 
shall be co-terminal with that of the Governor by whom such 
Commissioners shall have been appointed and until their suc- 
cessors are appointed and qualified. In case of a vacancy, or 
in case of the refusal of any person so appointed to serve as 
such commissioner, the Governor shall fill the same as herein- 
before provided : Provided, That in the appointing of said 
Commissioners the Governor shall furnish a duplicate list for 
each County of said appointees to the Secretary of State, one 
list to be filed in the office of Secretary of State, the other to be 
sent by the Secretary of State to the Clerk of the Court of each 
County and put on file in the office of the Clerk of Court. The 
Clerk of Court shall notify and take the oath of each appointee 
and file the same. The Commissioners may take the oath before 
any officer authorized to administer an oath. No person 
shall be required to serve more than once in every four years ; 
and said Commissioners shall, during the term of their office, be 
exempt from all road and jury duty. 
orSz^tfon^"" ^®^' '^^^' Ij^i^ediately after the appointment of the sev- 
jg xxF ^^^^ Boards of Township Commissioners for the Counties men- 
xx!' ^^07 ^ ^' tioned in the last preceeding Section and the election and quali- 
fication of the County Supervisor, or as soon thereafter as may 



OF SOUTH CAROLINA. 299 

A. D. 1902. 



be practicable, the said Supervisor shall call a meeting of said ^ i ' 

Board for the purpose of organization. And the County Board Qu.ar t e r 1 y 

r^ r ^ r -\ IV ' t • If eetingS. 

of Commissioners shall meet thereafter on the first Monday m 
January, April, July and October of each year at the County Quorum. 
Court House, for the transaction of business, and a majority of ^ 

' . , Extra meet- 

said Board shall constitute a quorum : Provided, That the ings. 

chairman of said Board may call an extra meeting at any time, 

and shall be required to do so upon the written request of three ^ 

members of the Board. At the first meeting of said Board state Board of 

° Equalization. 

they shall elect one of their number who shall be a member of 
the State Board of Equalization and who shall perform all the 
functions of said office as now provided by law. 

Sec. 766. The members of the Board of Township Commis- Compensation 

of T. o w n ship 



sioners, provided for in Section 764, shall each receive as cortl- c o m m ission- 
pensation for his services the sum of one dollar per day, for not 7^77777 

. . . .. 1901. aXIII, 

exceeding five days, and the chairman of said Board an addi- 664. 
tional sum of one dollar per day for each day's attendance and 
mileage of five cents per mile in the most direct route one way 
from his home to the Court House when attending upon the 
meetings of the County Board of Commissioners when the said 
County Board is not sitting as a Board of Equalization : Pro- 
vided, That in the County of Beaufort the chairman of the 
said Boards of Township Commissioners shall receive as com- 
pensation for their services, besides their per diem herein pro- 
vided for, mileage at five cents per mile going and returning 
from their homes to the Court House when attending upon the 
meetings of the County Board of Commissioners. 

Sec. 767. All accounts, claims and demands of whatever na- j^^^ "^^.^ "^^^^^^ *° 
ture existing against the County for opening, constructing, 
maintaining and operating any public highway, road, bridge or 
ferry shall be presented to the County Board of Commissioners, Approval and 
duly attested, and if approved by said Board the County Super- payment. 
visor shall draw his warrant upon the County Treasurer, under gi^93, xxi., 
the seal of the County Board of Commissioners, for the amount 
of any such claim or claims, which warrant shall be counter- 
signed by the Secretary of the Board, and the same shall be 
paid by said Treasurer out of the County road fund. 

Sec. 768. The County Board of Commissioners of the several j^^™^^°^^^"j 
Counties shall submit to the presiding Judge on the first day ^j°^^^jjjj^°i^^^ 

of the first term of the Court of General Sessions in each year, ^ 

to be by him submitted to the grand jury of the County with an ^^^^^' ^^^i- 
itemized statement of all amounts ordered to be paid by them 




CIVIL CODE 



for the preceding fiscal year, tlie condition of the highways and 
bridges and the poor and poor farm, and other matters con- 
cerning the welfare of the County. 
County Su- See. 769. The Supervisors of the State are required to pub- 

p e r V isors to ^ t. r 

teri^'^re ortT""" ^^^^ '^^^ somc ucwspapcr published in their respective Counties, 

i8 7 XXII ^^ least in one issue thereof, and within fifteen days after each 

498; 1898, meeting of the Count v Board of Commissioners at which claims 

XXII., 736; c> 

1901, XXIII., ^j-g audited, a full statement of the claims audited by said 
Board at its meeting immediately preceding said publication. 

sb^f ^conta°n*^ ^^^^ ^^'^^ Statement shall show, as published, the file number 
of the claim, the amount claimed, the amount allowed, the nature 
of claim or services rendered, and the name of the claimant. 

pa?d^* °^' ^°^^' Said publication shall be paid for at the rate now allowed by 
law for public printing : Provided, The same does not exceed 
sixty dollars per annum : Provided, That the provisions of this 

ce^ted"''^^ ^''" Section" shall not apply to the Counties of Barnwell, Bamberg, 
Charleston, Chesterfield, Darlington, Anderson, Berkeley, Ker- 
shaw, Horry, Laurens, Marlboro, Beaufort, i\Iarion, York, 
Oconee, Lexington, Georgetown, Lancaster, Chester, Green- 
wood, Pickens, Union and Cherokee. 
County Su- Sec. 770. It shall be the duty of the Countv Supervisors or 

pervisors and ^ ' . ^ . „ 

Board of Countv Boards of Commissioners of each Countv in this State, 

County Com- " ,,.'-,,. 

missioners t o and they shall be required to have a duplicate of each claim 

furnish dupli- • \^ r- • 1 t r^ 

cate copy of approved bv the said Countv Supervisors or by the Countv 

a 1 I approved _* ' .. .',_, .,,,.' 

claims to their Boards of Commissioiicrs for each fiscal vear, the said duplicate 

R e p r e senta- ■, • r 1 • -i •' • • jir 

lives when re- copy to show the towuship trom which it originates, and be tor 
'- the use of the Senators and members of the House of Represen- 

1898, XXII., . r 1 ■ • ^ ,• 1 .1 -J J 1- . . 

735. tatives of their respective Counties, and the said duplicates to 

be made as the different transactions occur in the different of- 
fices of the County Supervisors or County Board of Commis- 
sioners, and to be delivered on demand to the Senator or any 
of the members of the House of Representatives upon their re- 
ceipt for the same: Provided, That at the beginning of each 
fiscal year the Senator or some of the members of the House 
of Representatives shall give notice that such duplicate copy is 
required of them for his use or for the use of the legislative dele- 
gation from said County. 

minister oaths Scc. 77L The mcmbcrs of the County Board of Commission- 

and punish. 1 n 1 1 • • 1 11 

ers shall have power to administer oaths to all persons appear- 

I 8 9*3, 'xxi.; ing before them, and to punish by fine not exceeding ten dollars, 
or imprisonment in the County jail not exceeding twenty hours, 
any and all persons guilty of disorderly conduct amounting to 



OF SOUTH CAROLINA. 




an open or direct contempt or wilful interruption of their pro- 
ceedings. 

Sec. 772. All the Courts of this State and municipal authori- be^s°enYenceTto 
ties which under existing laws have power to sentence convicts g°ngj;^ '^^^^^' 
to confinement in prison with hard labor, shall sentence all able- j^ § gg^- 
bodied male convicts to hard labor upon the public works of the^ 1 1^\ ffl'] 
County in which said persons shall have been convicted, and iT^fgfjjih'.', Itt- 
the alternative to imprisonment in the County jail or State Peni- '^^g. xxiii., 
tentiary at hard labor : Provided, That municipal authorities 
may sentence municipal convicts to work upon the streets and^^j^^^^^P'^P^^ 
other public works of the municipality in which they have been ^'^^° ^ ^° '^'™^- 
convicted, and such convicts when so sentenced shall work 
under the exclusive direction and control of the municipal au- 
thority imposing sentence : Provided, That no convict whose 
sentence shall be for a period longer than five years shall be so 
sentenced. 

Sec. 773. All convicts upon whom may be imposed sentence ^°yTloT^to 
of labor on the highways, streets and other public works of 3L^^^\f^^^^^^°^ 
County shall be under the exclusive supervision and control of ^°'^^ worked"^^ 
the County Supervisor and by him formed into a County chain ^^ "g ^^ 
gang and required to labor on the highways, roads, bridges, l^^ ^' xxii., 
ferries and other public works or buildings of the County ; and 
he shall direct the time, place and manner of labor to be per- 
formed by said chain gang: Provided, That said chain gang 
shall not be worked in connection with or near any road contrac- 
tor or overseer. And all convicts upon whom may be imposed 
sentence of labor on the highways, streets or other public works 
of a city or town shall be under the exclusive supervision and 
control of the municipal authorities of such city or town, or such 
officer or officers as such municipal authorities may appoint, and 
by them or him formed into a city or town chain gang, and re- 
quired to labor on the streets, lanes, alleys, drains and other 
municipal public works or buildings of such city or town (in- 
cluding public parks owned and controlled by such city or town, 
whether within or without the corporate limits of such city or 
town), but on no other highways, streets or other public works 
in or of the County in which such city or town may be situated : 
Provided, That if any convicts upon whom may be imposed 
sentence of labor on the highways, streets and other public 
works of a County are not formed into a County chain gang, or 
are not required to labor on the highways, streets and other 
public works of a County, they may be required to labor on the 



302 CIVIL CODE 

A. D. 1902. 



^—■^r^—' highways, streets and other pubhc works of any city or town 
in such County having- a city or town chain gang, upon such 
terms as may be agreed upon by and between the County Board 
of Commissioners of such County and the municipal authori- 
ties of such city or town. 

Care of con- Scc. 774. That the County Board of Commissioners shall diet 

victs. 

■ and provide suitable and efficient guards and appliances for the 

1893, XXI., ^ . & rr ^ 

486. safe keeping of said convicts. They shall likewise provide all 

necessary tools, implements and road machines for performing 
the work required of said convicts, all costs and expenses of 

Expenses. 

which shall be paid out of the County road fund in the same 



manner as other charges against said fund are paid. 
M u n i c ipai Scc. 775. The municipal authorities of any city or town shall 

convicts. ^ . -^ -^ 

diet and provide suitable and efficient guards and appliances 

1896, 245 ^ t> fi 

for the safe keeping of all convicts sentenced to labor on the 
highways, streets and other public works of such city or town, 
and shall provide all necessary tools, implements and road ma- 
chines for performing the work required of said convicts, and 
shall pay all costs and expenses of the same. 
s u pervisors Scc. 776. Whenever in the judgment of the Board of County 

may hire con- jo j 

victs to other Commissioncrs of any County of this State, there shall not be 

Counties. , 

-- — ;77— -— a sufficient number of convicts sentenced to work on the pub- 
1899, XXIII., . ^ . 

II- lie works of such County to warrant the expense of maintam- 

ing a County chain gang, the Supervisor of such County shall 
be authorized to contract with the Supervisor of any other 
County in the State for the placing of said convicts into the 
custody of and upon the chain gang of said other County, for 
such a period and upon such terms and conditions as may be 
mutually agreed upon by said Supervisors so contracting : Pro- 
vided, That said contract shall require payment of a reasonable 
price therein to be stipulated, for the work of said convicts, or 
shall provide for an equal exchange of convict labor between 
the Counties so contracting. 
Sup ervisors Sec. 777. The Supervisor of anv Countv of this State is here- 

may exchange '_,'.. 

convict labor, by authorized to contract with the Supervisor of any other 
i^- County of this State, desiring to hire out convicts or to ex- 

change convict labor as herein provided, upon such terms as 
may be mutually agreed upon ; and to this end said Supervisors 
are hereby vested with all the necessary powers as if said con- 
victs were convicted and sentenced in their own Counties re- 
spectively : Provided, That all contracts entered into by any 
Supervisor hereunder for the hire or exchange of convicts 



OF SOUTH CAROLINA. 303 

A. D. 1902. 



hereunder be approved by a majority of the Board of County ^-— '"■^'^ ' 
Commissioners of his County. 

Sec. 778. Any County in this State maintaining a chain gang^g^^^suiatum 

and hiring convicts of another County, or exchanging convict ^^^ 

labor with such other County, as herein provided, shall at its ^^• 
own expense board, clothe, and securely keep such convicts 
while in the custody of its officers. 

Sec. 779. Any money due any County under any contract p^j'"|°Vnt'o 
herein authorized shall be collected by the Treasurer of such^"^"*^ Tve^s- 
County and turned into the County Treasury, to aid in defray- J^_ 
ing the current and ordinary expenses of such County, and any 
money due by any County under any contract herein authorized 
shall be paid by the Treasurer of such County upon the warrant 
of the Supervisor thereof, as other County funds are disbursed. 

Sec. 780. The County Board of Commissioners shall hawe J^°^^%^ff^:^ 
power and authority, in their discretion, to utilize the County ^^^^l^^ ^puwic 

chain gang in whole or in part in any kind of work calculated ^f£^^: 

to promote or conserve public health in the County or in any /^^^p, xxiii., 
community thereof, in which the sentences of the convicts on 
such gang were pronounced. 

Sec. 781. The County Supervisors and County Boards of j^^^p^rison^rs.*' 
Commissioners of the several Counties of this State shall diet 



R. S. ^2561; 

all prisoners while in their care and custody outside of the jails l^^^ ^' ^^^^■' 
at actual cost, and all SherifTs of the several Counties of this 
State shall diet all prisoners while confined within jails, either 
prior to conviction or after conviction, at thirty cents per diem. 

The Act of 1896 reducing the per diem to twenty cents held unconstitutional 
in Dean v. Spartanburg Co., 59 S. C, no; 37 S. E., 226; see also Williams v. 
Kershaw Co., 56 S. C, 400; 34 S. E., 694. 

Sec. 782. The said County Supervisors and Boards of Com- Clothing 

•^ ■"■ prisoners regu- 

missioners shall furnish suitable covering and clothing, when lated. 



necessary, to all prisoners sentenced to chain gangs in the vari- ^^xxifi ' 
ous Counties of this State at actual cost, to be paid by the vari- 12. 
ous Counties, respectively : Provided, The provisions of this 
Article shall not apply to the Counties of Beaufort, Marion, 
Charleston, Chesterfield, Colleton, Barnwell, Richland, Berke- 
ley, Sumter, Anderson, Pickens, Williamsburg, Newberry, 
Union, Georgetown, Aiken, Lexington, Laurens, Oconee, York 
and Darlington. 

Sec. 783. In case any convict or convicts so employed by the ^^Sun'^ender of 
County Supervisor shall become ungovernable or unfit for the — ^^ ^ ^ZT 
labor required of such convict or convicts, the said Supervisor ^^96, xxi.. 



304 CIVIL CODE 

A. D. 1902. ■ 

^^ » ' may commit such convict or convicts to the State Penitentiary 

or County jail. And it shall be the duty of the Superintendent 
of the Penitentiary, or the Sheriff of the County, as the case 

Safe keeping j-Q^v be, to receive anv such convict or convicts so committed. 

of convicts. '' ' 

when said chain gang is not employed, or when convenient 
and practicable, they shall be confined in the County jail for 
safe keeping under direction of said Supervisor. 
Health of §60. 784. The Countv Board of Commissioners shall be 

convicts. 

— r — ^ — ^^ authorized and required to employ a physician or physicians 

XXI., 485. whenever necessary to render medical aid to sick convicts and to 

preserve the health of the chain gang. The fees and expenses 

Fees and ex- Qf ^f^g same, as wcll as for medicines prescribed, to be paid out 

penses. ' _ ... 

of the road fund as other claims are paid against said funds. 
, Sec. 785. The County Board of Commissioners shall have 

Paupers and ■> 

poor house, general supervision over the paupers and the Poor House and 

^..?- s. 667; Farm of the Countv, and the said Board shall provide all ne- 

cessary buildings for the accommodation of the poor of the 

County, with sufficient tillable land to give employment to all 

Farming land, paupcrs able to work, and said buildings and lands shall be 

designated as the Poor House and Farm of the County. 

Regulations gee. 786. Said Board shall be empowered to make all 

forPoor ^ 

House. necessary rules and regulations for the government of the 

. , Countv Poor House and Farm, to appoint a superintendent. 

S u perinten- - ' r r r 

dent and as- -with such assistants as mav be needed, to provide means for the 

sistants. - _ ^ _ 

— r^ — ^ — 7^ employment as may be best suited to the inmates of the Poor 

XXL, 485- House, to see that every pauper able to work is employed, and 

Phv i ians ^*-* appoint ouc or more physicians to the Poor House, who shall 

furnish medical aid to the indigent sick. 
Control o f gee. 787. The County Board of Commissioners shall have 

property for J 

the poor. powcr to demand, sue for and receive all such gifts, legacies, 

XXI ^8^^^^' fi^cs, forfeitures and all other moneys or things which may be 

given or coming to the use of the poor. 
ship^or"poOT '^^^' '^^^' I^ c^se any poor child or children shall be, or be- 
chiidren. comc, chargeable to the County, the County Board of Commis- 

XXII ^85.^^°' sioners may bind out any such child or children as an appren- 

tice to some person of good moral character until such child, if 
he be male, shall arrive at the age of sixteen years, and if it be 
^^^^- a female, until she arrive at the age of fourteen years or shall 

marry. The said Board shall have power to bind out to service, 
under some person of good moral character, any illegitimate 
chiidrlf!*™^''^ child or children likely to become chargeable to the County, or 
liable to be demoralized by the immoral conduct or evil example 



OF SOUTH CAROLINA. 305 

' A. D. 1902. 



of their mother or other persons having them in charge, in the ^^^^^^ ' 
manner and for the time prescribed for pauper children, and 
they shall have power to issue all necessary writs to enforce the 
provisions of this Section. 

Sec. 789. Any moneys becoming due on any recognizances by^^fathers^^of 

given for the maintenance of any illegitimate child or children, ti^stards. 

if such child or children shall be bound out to service, shall bexxi., 486.^''^' 
paid to and received by the Supervisor, to be invested and ex- 
pended by him under the order of the Probate Court for the 
benefit of such illegitimate child. 

Sec. 790. The County Board of Commissioners shall have to Sw House! 
power to make all contracts in reference to supplying the Poor ^ g. 672^ 
House and inmates thereof, repairing buildings and other ne- " ' '' ^'^ ' 
cessary expenses incident to the care and maintenance of said 
Poor House and Farm. Where any contracts shall exceed the 
sum of twenty dollars, they shall advertise and receive bids forwent foVbids! 
same, and shall accept the lowest bid from a responsible person. 

Sec. 791. All accounts, claims and demands, of whatever erenc™1;o"poor 
nature, against the County in reference to the Poor House orfa^mf how 
Farm for the maintenance and support of paupers shall be pre-pa^id/^" 
sented, duly attested, to the County Board of Commissioners, ~r. s. 673; 
and be by them audited, allowed or rejected; and for the24l. ' 
amount of any claim so audited or allowed the County Super- 
visor shall draw his warrants, under the seal of the Board, upon 
the County Treasurer, countersigned by the Secretary of the 
Board, who shall pay the same out of the pauper fund of the 
County. 

Sec. 792. The County Board of Commissioners shall, at the ^Report to 

•' _ C o u r t as to 

last term of the Court of General Sessions in each year, make a Poor House. 
report to the presiding Judge, to be by him submitted to the R- s. 674; 
Grand Jury, of all their actings and doings for the fiscal year, 486. 
containing an itemized statement of all amounts ordered to be 
paid by them, with a list of inmates and the condition of the 
Poor House Farm and inmates. 

Sec. 793. The County Supervisor shall procure and adopt a Seai of Coun- 
seal, and, when so adopted, shall cause a description thereof,— —-^—^ — : 
with an impression therefrom, to be filed in the office of the 1896, x x 1 1., 
Clerk of Court and of the Sheriff, Treasurer, and Secretary of 
State, and the same shall thereupon be the seal of the Super- 
visor, and all orders or other papers signed by said Supervisor 
shall be authenticated by the official seal. 

Sec. 794. Each County shall pay : 

20. — C 




CIVIL CODE 



I. The fees of the grand and petit jurors while in attendance 
paTd^by Coun' ^^POH the Circuit Court. 

^I: 2. Witnesses' fees in the State cases for actual attendance 

I 8^9 3?' xxi.l upon the Circuit Courts as provided by law. 

''■ ^' The defendants' witnesses are only to be paid by the County in case of felo- 

nies. — 1896, XXII., 102., ex parte Henderson, 50 S. C, 331; 29 S. E., 5; Eustace 
V. Greenville Co., 42 S. C, 190; 20 S. E., 88. 

3. Fees of physicians and surgeons testifying as experts be- 
fore a Coroner's jury or the Circuit Court. 

4. Fees of Sheriffs and Clerk of Court as provided by law. 

The Sheriff cannot be paid for serving subpcena writs on witnesses for defend- 
ant in cases of misdemeanor. — Whittle v. Saluda Co., 59 S. C, 554; 38 S. E., 168. 

5. Fees of County Coroners as allowed by law. 

6. Fees or salaries of Magistrates and Constables. 

7. The compensation of Auditors, Treasurers and County 
Supervisors as provided by law. 

1894, XXL, 8. Accounts heretofore accrued or hereafter to accrue for 

721, 

dieting prisoners confined in the State Penitentiary pending 

their trial or committed thereto for safe keeping, and not for 

service of any sentence imposed by law. 

Court fees to Scc. 795. The fees allowed jurors, constables and wit- 
be paid. -^ 

„ ^ , nesses shall be paid bv the Treasurer of the Counties, on the 

R. S. 6 7 7; "^ - _ _ 

1893, XXI., presentation to them of certificates signed by the presidmg 
Judge and countersigned by the Clerk of the Court, or be re- 
Receivable for ceived b v him in the pavment of all Countv taxes when dul v 

taxes. - ■■• ^ _ 

approved by the County Supervisor. 

Witness fees need not be proved by affidavit before payment of certificate. — State 
V. Bullock, 54 S. C, 300; 32 S. E., 424. Nor need they be approved by the County 
Supervisor unless presented in payment for taxes. — lb. 

Boards of gee. 796. In all Counties of the State wherein Alagistrates 

County Com- "^ 

missioners t o ^re allowcd bv law to appoint a constable, such constable 

deduct from - '^■'■ 

Constables' sal- go appointed receiving a salarv from the Countv in lieu of all 

aries amounts ^'^ o . 

paid to certain costs and fccs in Criminal cases, it shall be the dutv of the 

persons m cer- 

tain cases. Board of County Commissioners to deduct from the salary of 
1899, XXIII., such constable all sums paid to any other person or persons for 
service rendered the County in criminal cases while acting 
under appointment by such ]\Iagistrates on a particular oc- 
casion, unless it is proven to the satisfaction of the Board of 
County Commissioners that such services were rendered in 
an emergency wherein it was impossible for the constable en- 
titled to the salary to perform the said services. 

othi'r''fees^ °^ '^^^ accouuts of the Coroners and Sheriffs and Supervisors, 
jj g g g. and physicians' or surgeons' fees for post mortem, shall be ap- 



489 



9 3, XXL, proved by County Board of Commissioners, and the Super- 



OF SOUTH CAROLINA. 




visor, on their approval, shall draw an order upon the County 
Treasurer for the payment of the same, countersigned by the Payment. 
Secretary of the Board. 

Sec. 797. Sheriffs, Deputy Sheriffs, Coroners and Constables gh-^rlffs^ con^ 
shall execute all legal orders to them directed by the Boards stables, &c. 
herein provided for, or the Chairman thereof, and shall receive ^xi %g^^' 
therefor the same fees and costs allowed in other cases. 

Sec. 798. The reports of the County Treasurer and countroffice'^rs^ 
other officers now required by law to be made to the Board of"^ g ggQ. 
County Commissioners shall, after the passage of this Act, be ^^^•' '^^^■ 
made to the County Supervisor, and all settlements by any of 
the County officers now required to be made with the Board of settlements. 
County Commissioners or its Chairman shall be made with the 
County Supervisor. 

Sec. 799. The County Board of Commissioners shall prepare Estimate of 

County ex- 

an estimate of the amount of money necessary to pay the ex-penses. 
penses incurred by said Boards and for ordinary County ex- 1896, xxir., 
penses, and report the same to the Comptroller General of the xxi.', 489. 
State, on or before the 5th day of January of each year, to be ^^1° Al'sei^bly! 
by him submitted to the General Assembly, in order to provide j^j g ggj^ 
the necessary taxation for County purposes. 

Sec. 800. In case of the failure of the County Supervisor to ^ f f"^u%s^ by 
faithfully perform the duties of his office or the conditions of ^^"1?*^ Super- 
his bond, it shall be the duty of the Solicitor of the Circuit in r s 682- 
which such Supervisor shall reside to bring an action upon the ^g^^ ^' ^^^■' 
bond of said Supervisor in the name of the County, and any 
amount realized from said suit shall be deposited in the Treas- 
ury to the credit of the road fund, and shall receive therefor 
such fees as the Court shall designate. 

Sec. 801. The salaries of the Supervisor in the several Salaries to be 

/--. . , , , , , _, paid quarterly. 

Counties shall be paid quarterly by the County Treasurer out of r 

the County funds in the same manner as other claims against xxi., 489. 
the County are paid. 

Sec. 802. It shall be the duty of the County Supervisor to ^^^^°Js^ ^ "^ '^ 
cause a record to be kept of all the proceedings of the Board of ~^~g gg 
which he is herein made chairman, as well as a record of all ^^i-- 489- 
contracts entered into with said Boards,, as provided in this 
Article, which said records shall be open to public inspection, gp^tiwi ^° ^" 
and all necessary books and materials for keeping same shall 
be paid for out of the funds herein provided for the respective 
Boards in the same manner as other charges are paid. 



3o8 CIVIL CODE 

A. D. 1902. 



^"""■^■'^'^■"^ Sec. 803. No funds raised by taxation for any County pur- 
ralsecf^by^"tai- poses whatso'Cver shall be subject to levy under the process of 
%TtoTvy^^' any Court of this State. 

G s. 6 1 7; Sec. 804. The fiscal year shall commence on the first day of 

?8 7^', x^^.! January of each year. The annual meeting of the County 

^^^- Board of Commissioners of each County shall be on the first 

tiJe'l'^nd rfo^tki Thursday after the first Monday of January and the Clerk of 

i'ngT'cTiTm^s the Board shall give notice of the time of holding said annual 

against County, j^gg^-jng by inserting the same at least once a week for four 

io?§"io; G^s! weeks previous to such meeting in any newspaper published in 

62^i;^R. s.^689; ^j^g County; and if there be no newspaper published in the 

xVi., ^tsg; County, then he shall post said notice on the Court House door. 

i89o,xx., 710. g^j^ notice shall require all persons holding demands of any 

kind against the County, not previously presented to the Board, 

to file the same with the Clerk on or before the first day of 

January, so that they may be examined and ordered to be paid 

at the annual meeting; and it shall be the duty of all persons 

holding such accounts or claims, not paid, to deposit them with 

the Clerk of the Board as required in the notice. 

to MagistJate^^ Sec. 805. All fccs and accounts of Magistrates and other of- 

and other of- r j- .., ,. .-,. - 

fleers' fees. ficcrs for crimmal proceedmgs, mcludnig cases ot vagrancy, 
R. s. 690; when not recovered from the defendant or party complaining, 

991.^ ^' " at the rates allowed by law, shall be paid by the County wherein 

the offense shall have been committed : Provided, Said fees and 
accounts do not exceed the sum of five hundred dollars per 
annum, and all accounts rendered for such proceedings shall 
state when such offense was committed. The provisions of 
this Section shall not apply to the Counties where, by special 
legislation, such fees and accounts have been otherwise pro- 
vided for. 

Not inconsistent with Subdiv. 5, above. — Rogers v. Marlboro Co., 32 S. C, 555; 
Claims against j j g £_ ogo^ 
County; how'' 

verified. Sec. 806. No accouuts shall be audited and ordered to be 

G. s. 623; paid bv the County Board of Commissioners for any labor per- 

R. S. 6 9 I , ' 

187s, XV., 992, formed, fees, services, disbursements, or any other matter, un- 

94S;i87 8, .,., -^ 

XVI., 412; less it shall be made out m items and accompanied with an am- 

17 s'; 1893! davit attached thereto, and made bv the person or officer pre- 
XXI., 406. . ' . 

sentmg or claiming the same, that the said items are correct, 

and that the labor, fees, disbursements, services or other mat- 
ters charged therein have been in fact done, made, rendered or 
are due, and that no part of the same has been paid or satisfied. 
And the Clerk of the Court, the Sheriff and Magistrates shall 
declare further on oath that the costs in such cases have not 



OF SOUTH CAROLINA. 309 

A. D. 1902. 



been recovered out of the defendants, and that the defendants ^ '^ ' 
are unable to pay costs ; and also that the fines and penalties 
heretofore collected by them have been faithfully and fully paid 
over to the County Treasurer. In every case the Magistrates 
shall exhibit the original papers in which costs have accrued. 
Nothing in this Section shall *be construed to prevent the Board 
from disallowing any account, in whole or in part, when so 
rendered and verified, if it appears that the charges are incor- 
rect or that the services or disbursements have not, in fact, been 
made or rendered, nor from requiring any other or further evi- 
dence of the truth or propriety thereof. No allowance or pay- 
ment beyond legal claims shall ever be allowed. And the Board 
may refuse to audit or allow any claim or demand whatsoever, 
unless made out and verified in the manner herein specified. No 
fees shall be paid by the County Commissioners for the proof 
of any claim or claims presented to them against their respec- 
tive Counties. 

All public officers are required to probate without compensa- 
tion all claims against their respective Counties. 

Where the original affidavit is insufficient, the Board may allow additional affi- 
davit filed to cure the defect. — Maxwell v. Saluda County, 55 S. C, 382; 33 S. E., 

457- 

A salary fixed by law need not be audited. — State v. Starling, 13 S. C, 264. As 
to witness fees see State v. Bullock, 54 S. C, 300; 32 S. E., 424. Method of 
auditing. — State v. Appleby, 25 S. C, 100; Green v. County Commissioners, 27 S. 
C, 9; 2 S. E., 618; Tinsley v. Union Co., 40 S. C, 282; 18 S. E., 794. Board 
cannot review action of predecessor on claim. — County of Richland v. Miller, 16 
S. C, 236; State V. Kirby, 17 S. C, 565. Mandamus against Board. — Hunter v. 
Mobley, 26 S. C, 192; i S. E., 670; State v. County Commissioners, 28 S. C, 258; 
5 S. E., 622. Appeal from action of Board. — Green v. County Commissioners, 27 
S. C, 9; 2 S. E., 618; Tinsley v. Union Co., 40 S. C, 282; 18 S. E., 794; Max- 
well v. Saluda Co., 55 S. C, 382; 33 S. E., 457. 

Sec. 807. The Commissioners shall keep in their office a^^ciaims;_^how 

"File Book," in which all claims presented for their considera- Book£ 

tion shall be entered by their Clerk, designating the date of^^G.^s. 692; 
filing, by whom presented, to whom such claim belongs, and 1875' ^fg^^; 
the character and amount thereof. The Clerk shall number xvii., 891. 
said claims in the order in which they are filed, audited and 
allowed, from number one upwards. 

A memorandum of the time of presenting such claims and 
the names of the persons in whose favor they are made out, and 
by whom presented, shall be entered in the minutes of the 
Board. No account when presented, audited and ordered to be 
paid shall be withdrawn from the custody of the Board or their 
Clerk for any purpose whatever, except to be used in evidence 




CIVIL CODE 



upon a judicial trial or proceeding, in which case it shall, after 
being so used, be forthwith returned to such custody. 
cointTls^^wifen ^^^' ^^^' ^^ claim against any County of this State shall be 

^^"^^- valid and payable unless the same be presented to and filed with 

R % ^' 6^br ^^^^ County "Board of Commissioners of such County during the 
1898, X X II., fiscal year in which it is contracte'd or the next thereafter ; and 

737- •^. ' 

all claims not so presented and filed shall be barred ; and no 
claim audited and allowed by the County Board of Commis- 
sioners or Clerk of Court for fees of witnesses and jurors shall 
be paid by the County Treasurer unless the same is presented to 
him for payment within five years from the date it is audited 
and allowed. This provision shall not affect the law now of 
force as to the bonded debt of any County. 

State V. Knight, 31 S. C, 81; 9 S. E., 692. 

A claim against a County for the expenses of a trial is not barred if presented 
within the next year after the completion of the trial. — Colleton Co. v. Hampton 
Co., 52 S. C, 589; 30 S. E., 484. 

hov^orders'^on Scc. 809. The County Supervisor shall draw orders on the 
ui°e""'^^to^'^Te' County Treasurer, under the seal of the Board, countersigned 

^^^^^- by the secretary or clerk of the Board, for all accounts against 

R^'s^'eglfl the County which they have allowed, but he shall draw no 

364.^ ^Se^Iiso orders until after the monthly report of the Treasurer has been 

AntJ^^' ^^'' received by them, and unless he has reported the funds in the 

Treasury to pay the same; and the County Supervisor shall 

inform the County Treasurer of the orders drawn, in whose 

favor, the amount, and the order in which they are drawn. 

It shall not be lawful for any County Treasurer to pay an 
order of the Board of County Supervisors unless drawn in 
conformity with this Section; and it is made the duty of the 
Comptroller General, in case of any violation of the provisions 
of this Section which may come or be brought to his notice, to 
report the offender to the Attorney General for prosecution, or 
to the Governor for dismissal, as the case may be. 
Must give Sec. 810. It shall be the duty of the County Supervisor to 

certified copies -^ 111 j- j 

of a c c o unts desigfnate every account upon which any sum shall be audited 

audited to per- => -' ^ !• 1 1 11 j 

sons demand- and allowcd by the Board, the amount so audited and allowed, 

mg them. -' 11 1 j 1 1 11 

— -— - — ; — and the charges for which the same was allowed ; and he shall 

G. S. 629; ^ • T ^ £ 

R. s. 695; lb., also deliver to any person who may desire it a certified copy of 
1875, XV., 994. -' ^ ... 

any account on file in his office, on receiving from such person 

ten cents for every folio of one hundred words contained in 

such copy ; and the Supervisor shall endorse on every account 

allowed and ordered to be paid words indicating that it has 

been audited above the signature of the County Supervisor. 



OF SOUTH CAROLINA. 




Sec. 811. The County Commissioners shall keep an account 
of claims audited and allowed by them against the several to pr^esc°ribe 
funds appropriated for County purposes, in accordance with a temT oT book- 
form to be prescribed by the Comptroller General; and they "^^p'"^- 

shall conform to any system of bookkeeping that may be pre- isse, xix.' 
scribed for use in their office by the Comptroller General. xx.', 350. ^ ' 

Sec. 812. It shall be the duty of the Commissioners to fur- f^^erT'^tl b^e 
nish the Probate Judge, Auditor, School Commissioner, Clerk ^"™^^?^gg^"y 

of Court, Sheriff, Treasurer and Master in Equity of their re- ^^^ County. 

spective Counties, office room, together with necessary furni- ^^^^^ xxiii.', 

ture and stationery for the same, which shall be kept at the ^^i- 

Court House of their respective Counties ; and they shall also 

supply the offfces of the said officials with fuel, lights, postage 

and other incidentals as are necessary to the proper transaction 

of the legitimate business of the said ofiEicers : Provided, That in 

the Counties of Abbeville and Union no postage shall furnished 

to any of the said officers except the Auditor, Probate Judge, 

Treasurer and Superintendent of Education, which shall each 

be allowed postage to the amount of three dollars. 

Sec. 813. If at an}^ time the Court House of any County iurooms "Tor 
this State shall be in course of reconstruction or repair, or from fleers f when, 
any other cause shall not be in condition to be occupied, the g. s. 634; 
County Board of Commissioners of such County must furnish i g 7 5 , "^xv.', 
suitable rooms for the accommodation of the Courts and public xxi., 481, Vi- 

officers. Extra allow- 

Sec. 814. No member of the County Board of Commissioners officers ^^/oT- 

shall vote for an extra allowance to any person who is paid by J —'. 

salary, nor shall the Treasurer of said County knowingly pay r. ' s.' 701; 
to any such person any extra allowance. ggj/ ^' ^ '' 

Sec. 815. The Commissioners may change the name or ^^y change 
names of any or all of the Townships in their respective Coun- "]5™s" notke." 
ties. They shall give notice of such change of names as they qTs. 641; 
may make, within fifteen days thereafter, by publication in a f g 7 f " xvi.', 
public gazette published in their respective Counties, or by''^^" 
notices posted in at least three public places in the County if no 
gazette is published therein. 

Sec. 816. The Countv Supervisor, with the approval of the May borrow 

'^ . money in cer- 

County Board of Commissioners in each of the Counties of tain cou nties. 
Greenville, Pickens, Orangeburg, Abbeville, Hampton, Berke- 1894, xxi., 
ley, Anderson, Sumter, Chester, Richland and Georgetown, is 
hereby authorized and empowered, for the present and any 
succeeding fiscal year, to borrow, upon the faith and credit of 




CIVIL CODE 



Form of obli- 
gation. 



the County, a sufficient sum or sums of money to pay, in ad- 
Purpose. vance of the collection of taxes therefor, ordinary County ex- 
penses, school claims and past due claims against the County, 
Security. ^^^^ ^5 security for the repayment of said loans, with interest, 
to pledge the taxes to be collected and applicable to the claims 
for the payment of which said money shall have been borrowed : 
Provided, That the amount borrowed in any year for any of 
said purposes shall not exceed the tax levy therefor for that 
Limit. year, and that the rate of interest shall not exceed seven per 

Interest. ^^^^- P^^ annum : Provided, further, That in the County of 
Greenville. Greenville the sum borrowed for the payment of school claims 
shall not exceed five thousand dollars in any year. 

Sec. 817. The obligation for the repayment of said loan shall 
be substantially in the following form : 
$ 

OFFICE OF COUNTY SUPERVISOR, 

County, S. C, 

, S. C, , 189. . 

On or before the day of , 189 . . , the 

County of promises to pay to or order the 

sum of dollars, with interest at per 

cent, per annum from , money borrowed to 

pay (here insert the purposes of loan) for the fiscal year be- 
ginning January i, 189.., under authority of the Act of 
Assembly passed at regular session 1894. To secure the pay- 
ment of said sum and interest the taxes of said County to be 
collected and applicable to claims for the payment of which 
this money is borrowed as aforesaid for the said fiscal year are 
hereby pledged to the payee hereof or order. 

Witness the hand and official seal of the County Supervisor 
of said County, attested by the Clerk of the Board, the day 
and year first above written. 

Attested by [Seal.] 

, Supervisor of County. 

Secretary of the Board. Countersigned by . 

Treasurer of County. 

Valid debt. That an obligation substantially in the above form shall con- 
stitute a valid debt against the County so borrowing, and the 
same shall be a prior and preferred lien upon the taxes pledged 
for the payment thereof. 

Duty of Sec. 818. The County Supervisors and Treasurers shall keep 

Supervisor and -^ ^ _ , . 

Treasurer. ^hc moncy SO borrowcd on the tax levies for their respective 



OF SOUTH CAROLINA. 



313 



A. D. 1902. 

Counties for the specific purpose of such levies, according to ^— ^v 

the terms of the Act to raise supphes for the year in which the 
loan is effected. 

Sec. 819. That the money so loaned as aforesaid shall be Money to be 

paid to Treas- 

paid by the lender to the Treasurer of the County for whose urer. 
benefit it is borrowed. The said Treasurer shall thereupon 
countersign said obligation, and his signature thereto shall be 
deemed sufficient evidence of the receipt of said money by him. 



ARTICLE II. 
The Sheriff. 



EC. 




Sec. 


820. 


Election of Sheriff ; when 
held. 


838. 


821. 


Vacancy ; how filled. 




822. 


Coroner to act as Sheriff dur- 
ing a vacancy. 


839. 


823. 


Clerk to act until Coroner 






takes charge of vacancy 


840. 




filled. 




824. 


Coroner to act when Sheriff is 
a party. 


841. 


825. 


Sheriff to file his bond ; when 
and where. 


842. 


826. 


Amount of bond. 




827. 


Sureties liable immediately 
and absolutely ; when. 


843. 


828. 


To qualify before assuming 
office ; how. 


844. 


829. 


No sheriff or his deputy or 
clerk to practice law or act 
as Clerk of Court. 


845. 


830. 


Deputies ; how appointed and 


846. 




confirmed ; tenure of office ; 


847. 




bond ; responsibility of 






Sheriff for. 


848. 


831. 


Deputy to take oath of office ; 
duties of. 




832. 


Special deputies ; how and 






when appointed ; Sheriff re- 


849. 




sponsible for. 




833. 


To appoint peace officers in 






industrial communities, &c. 


850. 


834. 


Powers and duties of such 






officers. 


851. 


835. 


Bond of such officers. Respon- 






sibility for misconduct. 


852. 


836. 


Offices ; where kept. 




837. 


Books to be kept ; require- 
ments as to ; how papers to 
be arranged. 


853. 



To turn over furniture, books 
and papers to successor ; 
penalty. 

To pay to successor moneys 
due as Sheriff ; within what 
time. 

Commissions on such moneys ; 
how divided. 

Penalty for failure to pay 
over. 

Personal representatives of 
deceased sheriff ; when to 
pay over ; penalty. 

Must summon Constables to 
attend Court, &c. 

To attend Circuit Courts ; du- 
ties in connection therewith. 

To serve all processes issued 
by competent authority ; 
penalty on default. 

Liability for illegal arrest. 

Arrest ; privilege from ; ex- 
ception. 

No process to be served on 
Sunday ; exceptions : fe- 
males not subject to arrest 
in civil actions. 

Escaped prisoners may be 
retaken on Sunday and any- 
where. 

Sheriff's duty as to arrest and 
bail in civil actions. 

Not to take attorney-at-law 
or officer of Court as bail. 

May break into any house in 
certain cases. 

Must give notice of money 
collected ; when, how and 
whom ; penalty. 



314 



CIVIL CODE 



A. D. 1902. 



Sec. 

854. Not liable to rule, &c., after 

two years from end of term. 

855. Open contempt of breach of 

duty ; proceedings. 

856. Liability for failure to exe- 

cute final process or pay 
over money. 

857. To pay over money one day 

after demand ; penalty for 
refusal ; proviso. 

858. Must furnish statement ,of 

reasons for failure to make 
execution when required. 

859. Penalty for purchasing judg- 

ment or execution. 

860. Penalty for permitting prison- 

ers committed by civil pro- 
cess to go at large ; proviso. 

861. When plaintiff liable for 

maintenance of debtor in 
jail ; when prisoner may be 
discharged, &c. 

862. Negligent escape ; measure of 

damages for. 

863. Liability for escape of crimi- 

nals. 

864. Purchases at their own sales 

void. 



Sec. 

865. How to apply proceeds of sale 

of real estate. 

866. May make title to property 

sold by predecessor. 

867. May make judicial sales ; ex- 

ceptions ; fees on. 

868. Collection of money ; how 

entered. 

869. Monthly statement to Audi- 

tor and Treasurer of fines, 
&c. 

870. To arrest escaped convicts. 

871. To receipt for tax executions. 

872. To pay County Treasurer 

taxes collected. 

873. Return of uncollected tax 

executions. 

874. Penalty for failure to return 

tax executions. 

875. Penalty for false return on 

tax executions. 

876. Penalties to be recovered by 

Sinking Fund Commission- 
ers. 

877. Penalties cumulative. 



Election of 
Sheriff; when 
held. 



G. S 


642; 


R. S. 


^iV.: 


1870, 


338, § I 


; 1S82, 


XVII. 


, 682; 


I 888, 


XIX., 


171; 


I 88s, 


XIX., I 


14- 


Vacan 


c i es: 


how filled. 



G. .S. 643; 
R. S. 704; lb., 
374, § i; 1S77, 
XVL, 232; 
1878, XVI., 
507, 716. 



Coroner to 
act as Sheriff 
during a va- 
cancy. 

G. S. 644; 
R. S. 705; 
1839, XL, 78, 
§ 42- 



Section 820. There shall be an election for Sheriff held in 
each County, except in the Counties of Berkeley, Cherokee and 
Hampton, at the general election in 1904, and on the same day 
in every fourth year thereafter. In the Counties excepted the 
election shall be in 1902. 

State v. Cockrell, 2 Rich., 6. 

Sec. 821. In the event that a vacancy shall, at any time, occur 
in the office of Sheriff in any County of this State, whether 
from death, resignation, disqualification, or other cause, the 
Governor shall have full power to appoint some suitable person, 
who shall be an elector of such County, and who, upon duly 
qualifying, according to law, shall be entitled to enter upon and 
hold the office until the next general election for County 
Sheriffs, and shall be subject to all of the duties and liabilities 
incident to said officer, during the term of his service in said 
office. 

Sec. 822. The Coroner, during the continuance of such 
vacancy, and until the office is filled by apointment or election, 
shall assume the office, discharge its duties, incur its liabilities, 
and be entitled to its fees and emoluments ; and shall, for such 
purpose, take charge of the books and papers of the office, and 



OF SOUTH CAROLINA. 315 

A. D. 1902. 



occupy the apartment allowed to the Sheriff for transacting the '"-^'^^v ' 

business of his office. Clerk to act 

Sec. 823. In case of vacancy in the office of Sheriff, and until takes charge or 

vacancy filled. 

the Coroner for such County may take charge of the same, or—- — 

G. S. 645; 

until a Sheriff shall be elected and commissioned for such R. s. 706; ib., 

113, § 39. 

County, the Clerk of the Court for such County shall take pos- 
session of the jail of such County, and charge of the prisoners 
confined therein, and, also, possession of the Sheriff's office, and 
the papers therein. 

Sec. 824. If the Sheriff shall be a party plaintiff or defendant c o r oner to 

act when Sher- 

in any judicial process, execution, warrant, summons, or notice iff is interest- 
to be served or executed within his Countv, the Coroner shall — '- — 

G. S. 646; 
serve the same, and incur the liabilities of the Sheriff. R. s. 7 o 7; 

Sec. 825. When any person shall be declared duly elected to§ 4 h' 17 85! 

t ' ' VII., 215, § 9. 

the office of Sheriff, he shall be bound to file in the office of the 

. , . Sheriff to tile 

State Treasurer his bond, duly executed and approved, withmbond. - 
thirtv days from the time he receives notice that the election is G. s. 647; 

R. S. 708; 

declared. 1839, xi., 37. 

§ 7- 

Sec. 826. The Sheriff of the several Counties, before receiv- 

Amo u n t of 

ingf their commissions, shall enter into bonds, to be executed by b o n d, and 

° numberof 

them, and any number of sureties not exceeding twelve nor less sureties^ 

than two, to be aDproved bv a majority of the Board of County G. s. 648; 

"■^ • .R. S. 709; 

Commissioners, in the sum of ten thousand dollars, except m iS97,_ xxii., 
the County of Charleston, where the bond of the Sheriff shall xiv.', 19, § i; 
be in the sum of twenty-five thousand dollars ; and in the Coun-§ 7:'xvi' 4;' 
ties of Spartanburg and Greenville, in each of which the bond 518; xvii.! 

366 oSi. 

of the Sheriff shall be fifteen thousand dollars ; and m the 
County of Horry, the bond shall be four thousand dollars ; and 
in the Counties of Edgefield and Saluda where it shall be six 
thousand dollars. And every Sheriff s>all procure other satis- 
factory security when duly required. 

Sec. 827. The return of nulla bona on any execution against Liability of 

sureties; pro- 

the Sheriff shall not be necessary before legal resort may beviso^ 

had asfainst his sureties, or any of them : Provided, That there i s 3 9, xi., 
shall be liability to contribution among the sureties aforesaid, m ^ 
case of joint suretyship. 

As to the Sheriff's bond generally. — Commissioners v. Moore, 2 Brev., 51; Com- 
missioners V. Mayrant, 2 Biev., 28S; Blanding v. Rogers, 2 Brev.. 394; Commis- 
sioners V. Muse, 3 Brev., 150; Dunlap v. Bynum, 4 Dess., 646; Clifton v. Haig, 
4 Dess., 330; Hawkins v. Sumter, 4 Dess., 446; Kelly v. Payne, i McC, 138; 
Commissioner v. N^guby, i McC, 184; Treasurers v. Stevens, 2 McC, 107: Treas- 
urer V. McGuire, Harp., '474; Futch v. Walker, i Bail., 98; Treasurer v. Bates, 2 
Bail., 362; Harris v. Ferguson, 2 Bail., 397; Treasurer v. Burch, 2 Hill, 510; 
Treasurer v. Munday, 3 Hill, 167; State v. Yates, Riley, 256; State v. Irby, i 
McM., 485; Williamson v. King, McM. Eq., 41; Treasurers v. McPherson, 2 McM., 



3i6 CIVIL CODE 

A. D. 1902. ■ 



^^"^^^-"^ 69; Leslie v. Taggart, 2 McM., 71; Treasurers v. Oswald, 2 McM., 145; Treasurer 
V. Buckner, 2 McM., 333; State v. Wylie. 2 Strob., 113; Rowell v. Mulligan, 2 
Strob., 379; Posey v. Rainey, 4 Strob., 20; Allen v. Ramey, 4 Strob., 30; Black v. 
Ramey, 4 Strob., 79; Bowie v. Ramey, 4 Strob., 84; Norton v. Mulligan, 4 Strob., 
355; Taylor v. Easterling, I Rich., 310; Williams v. Sims, i Rich. Eq., 53; Mc- 
Kenna v. Secrest, 4 Strob. Eq., 160; State v. Young, 6 Rich., 323; Treasurer v. 
Hilliard, 8 Rich., 412; State v. Staggers, 12 Rich., 286; McElwee v. Jeffreys, 7 S. 
C, 233; Lyles V. Bolles, 8 S. C, 258; State v. Cason, 11 S. C, 392; State v. Boles, 
13 S. C, 284; State V. Gilreath, 16 S. C, 364; Oliver v. White, 18 S. C, 242; 
State V. Williams, 19 S. C, 65; Goodgion v. Gilreath, 23 S. C.-, 388. 

bew assu4^ ^^^' ^^S. Evcry sheriff before entering upoii the dutics of his 
ing office; how, office, shall, in addition to the oath of office prescribed in Art. 
R.% fii-^l ^^-^•' ^^^- ^^' °^ ^^^ Constitution, take the several oaths required 
Ni} 27. 'tt\ o^ such officer by Sections 582 and 583, and which oath shall 
5ol^ °' ^^"■' be endorsed on the commission, and shall be taken and sub- 
scribed before the Clerk of Court of the County; and at the 
next term of the Circuit Court in the County he shall produce 
his commission, which shall be read in open Court and recorded 
in the Journal, 
hi^^^epu'ty^ Cr ^60. 829. No Sheriff, Deputy Sheriff or Sheriff's clerk, while 
tke^iaw oract ^^ officc, shall act as an attorney-at-law or solicitor in equity, in 
Cour?^'^^ °^ his own name or in the name of any other person, or be allowed 
"~G. s. 651; ^^ plead or practice in any of the Courts in this State, nor shall 
?839,^XL, \V, h°^^ ths office of Clerk of Court of Common Pleas and General 
^ ^- Sessions. 

appointed and ^^c. 830. The Sheriff may appoint one or more deputies, to 
urf o'^'^office; ^e approvcd by the Judge of the Circuit Court or any Circuit 
s'iM'ii?y''°of J^^?^ presiding therein; and such appointment shall be evi- 
Sheriff for. deuccd by a certificate thereof, signed by the Sheriff, and shall 



6 5^'; \. ^^s! continue during his pleasure. He may take such bond and se- 
XIV.', 332! 1 1°; curity from his deputy as he shall deem necessary to secure the 
18 8 o, x\ II., faithful discharge of the duties of the appointment ; but he shall 

in all cases be answerable for the neglect of duty or misconduct 

in office of such deputy, 
take^^oath of ^^^- ^^^- Every such deputy shall, previous to entering on 
office; duties ^j^g dutics of his appointment, take an oath or affirmation, as 
~~G. s. 654; prescribed by the Constitution of the State, faithfully to per- 
R. s. 714; lb. form all the duties of his appointment, and the oath with regard 

to duelling, and the oath to enforce the law against gaming; 

and when so qualified he may perform any and all of the duties 

appertaining to the office of his principal. 
tie^s^'^low'^Tn'd Sec. 832. The Sheriff, without seeking the approval of the 
S^ Sheriff '?e- Circuit Judge, may appoint special deputies, as the exigency of 
s ponsible for. ]^jg ^usiness mav require, for the service of process in civil and 

G. S 652; 
R. S. 71s; lb. 



OF SOUTH CAROLINA. 




criminal proceedings only ; and for their conduct he shall be re- 
sponsible. 

Ford V. Villers, 2 McC, 114; Jentry v. Hunt, 2 McC, 410; May v. Walters, 2 
McC, 470; Chiles v. Holloway, 4 McC, 164; Singletary v. Carter, i Bail., 467; 
Barksdale v. Posey, 2 Hill., 647; Ex parte Hanks, Cheves Eq., 203; Kleinck v. 
Black, 14 S. C, 241. 

Sec. 833. Upon a written statement of the President or ^^ .JJo^^^^j.'j^J^^; 
Treasurer or other executive officer having the management of ^^°f^ '^^y pro- 
any industrial corporation located in any County of this State, P^'"g^^"f t^f 
setting forth that in his opinion the interests of the industrial P^^ce; term, of 

community and locality under their management require special °^' ^'^- 

police supervision, and that in the said community one hundred ^'Sgg.^xxiiL, 
or more inhabitants are comprised, and directed to the Sheriff i>^'\^1:i., '793^. ^ ' 
of the said County, it shall thereupon be the duty of the said 
Sheriff to appoint a discreet and suitable person as his deputy, 
and one satisfactory to the President and Treasurer or other 
executive officer of said corporation requesting the appoint- 
ment, whose term of office shall expire with the term of the 
Sheriff, unless sooner by him removed; and who shall reside 
within the community and upon the property for whose protec- 
tion he is appointed, and whose salary shall be paid by the cor- 
poration at the instance of whose President or Treasurer or 
other executive officer managing the said corporation the ap- 
pointment is made, the amount to be fixed by contract with said 
corporation, acting through its President or Treasurer or other 
executive officer ; and whose jurisdiction as its officer shall ex- 
tend over the property controlled by the said President or 
Treasurer or other executive officer having the management of 
said corporation, and in addition over all territory within a 
radius of one mile from the main building in which the industry 
of the corporation is operated. Before entering upon the 
duties of his office, the said deputy shall take the oath pre- 
scribed by the Constitution and Statutes of this State. The 
said deputy shall be removed by the said Sheriff and another 
deputy appointed by him satisfactory to the said President or 
Treasurer or other executive officer of said corporation, when- 
ever the said President or Treasurer or other executive officer 
shall make a statement in writing to the Sheriff of said County, 
stating that the said deputy is not discharging his duties to the 
satisfaction of said President or Treasurer or other executive 
officer, and requesting a change of appointment. 

Sec. 834. That the said police officer or Deputy Sheriff shall ers^'lnd dStils 
have, do and exercise all the rights, duties and powers pre- °^^|^^'' p^^*"^ 

lb. 



3i8 CIVIL CODE 

A. D. 1902. 



""^"■^'^^^ scribed by law for Constables or ^Magistrates, and such powers 
as are usually exercised by iMarshals and policemen of towns 
and cities, and shall also act as a conservator of the peace ; shall 
take into custody and carry before the nearest Alagistrate any 
person who may in his view engage in riotous conduct or vio- 
lation of the peace, and refusing upon his command to desist 
therefrom ; and shall also arrest any person who may in his view 
commit any felony or misdemeanor, and carry him before a 
Court of competent jurisdiction; and shall execute any and all 
criminal process from ]\Iagistrates" Courts, and shall have the 
power to call to his aid a posse comniitatus to assist him in the 
discharge of his duties ; and any person refusing to obey his 
summons shall be liable to indictment and prosecution as for a 

misdemeanor. 
* 

officers- "sheriff ^®^" ^^^' ^^^ pcrson SO appointed police officer under the 

their ^^^mfscon- P^ovisions of Scctiou 833 shall execute the bond required of 

^^'^'^- Constables by Section 1047 ^^^ shall be subject to the provis- 

^1901, xxiiL, ions of Section 1054 of this Code. 

.Ji^^^i The Sheriff of the County shall not be responsible for the 

malfeasance of misfeasance of the police officer or deputy so 

, ^,„^^;,g^ appointed by him under the requirements of Section 833. 

^Offices; where gee. 836. The Sheriff's of the several Counties throughout 

~~^ — ^ — ^77: this State shall keep their several offices in the city, town, vil- 

18 ^'x/ ^ ^' ^^S^' °^ place where the respective Court Houses are estab- 

§ 5- lished, and in the Court House, if there be one. 

State V. Walker, 5 S. C, 563. 

Books— writ Sec. 837. The Sheriff" of everv Countv shall keep and pre- 

ik, execution - - ^ ^^ ^ ^ ^ 



book, execution 

boo 

book 



book, sale servc as public records in his office the following separate 



—^ — ^ — ^-^ books, of good material and strongly bound, each containing 
.R.^s. 717; ih., not less than eight quires of medium paper, and labelled with 
its appropriate title, to wit : 

I. "Writ Book," in which the Sheriff, immediately on the re- 
ceipt of any writ of habeas corpus, citation, writ of capias ad 
respondendum, summons, subpoena writ, subpoena ticket, rule, 
interrogatories, or notice to be served upon any person, sub- 
poena ad respondendum, writ of ne exeat, injunction, warrant, 
attachment, or any other mesne process whatever, issuing from 
either of the Circuit or Probate Courts, shall make an entry 
thereof, with the date, and endorse on the original the time of 
such entry in his office. The Writ Book shall be laid off into 
separate and suitable columns, in which the Sheriff shall enter 
the names of the parties, the name of the attorney, the kind of 



OF SOUTH CAROLINA. 319 

A. D. 1902. 



process, the kind of action, or kind of offence, when entered, by ^^-^^v^ ' 
whom served, how served, when served, or other return, and 
Sheriff's costs ; and the Sheriff shall make a true index in the 
said book to all the entries therein. 

Miller v. Hall, i Speer, i. — A witness warrant issued by a magistrate need not 
be entered on the Writ Book. Lancaster v. Barnwell Co., 40 S. C, 445; 19 S. E., 74. 

2. "Execution Book," in which the Sheriff, immediately on 
the receipt of any iieri facias, capias ad satisfaciendum, attach- 
ment for not performing decree, writ of habere facias posses- 
sionem, restitution, military or other execution, or any other 
final process whatever, (which, according to law, may be lodged 
with him,) shall enter the same, and endorse on such final pro- 
cess the time of such entry in his office. The Execution Book 
shall be laid off into separate and suitable columns, in which the 
Sheriff shall enter the kind of process, when lodged, and the 
time of the original entry, the names of the parties, the debt 
and interest, and (underneath, in the same column) the attor- 
ney's, Clerk's, Sheriff's, and other costs, attorney's name, the 
amount received, date of levy or other return, or disposition of 
the execution, and receipts of plaintiff, attorney. Clerk, Sheriff, 
witnesses, or others entitled to costs, or their agents or repre- 
sentatives ; and the Sheriff shall make and keep correct and 
double indexes in the said book of the cases entered therein, so 

that the name of each and every defendant in the execution may xvi., 739. 
be entered in alphabetical order. 

Secrest v. Twitty, i McM., 225; Boulware v. Witherspoon, 7 Rich. Eq., 450. 

3. A "Sale Book," in which the Sheriff shall enter all sales 
which he may make under any order, decree, execution, or final 
process, of any of the Courts of this State, or any officer au- 
thorized by law to issue such process to the Sheriffs of this 
State, and he shall transcribe therein all levies which he shall 
have made (specifying the property and the date of each levy,) 
and all advertisements of property levied on ; and the parts of 
the said book in which accounts of sales shall be kept, shall 
be divided into separate and suitable columns, in which the 
Sheriff shall enter the names of the parties, a description of the 
property sold, when sold, to whom sold, amount of sale, and, if 
bond be taken, the names of the sureties thereto, and statement 
of the time when due, and to what case or cases the proceeds of 
such sale have been applied, or to whom paid ; and the Sheriff 
shall make and keep correct and double indexes in the said book 
of the cases entered therein. The Sheriff shall keep the mesne 
and final processes in his ofhce, in suitable boxes, and in sep- 




CIVIL CODE 



arate apartments. Final process shall be arranged alphabeti- 
cally in the defendants' names, in boxes labelled with appro- 
priate letters. The miscellaneous papers shall be arranged 
under suitable titles and labels, such as "Attachment Bonds," 
"Bail Bonds," "Bonds for the delivery of property," "Money 
Bonds," &c. 

State V. Commissioners, 2 Strob., 149; Daniel v. Harley, 3 Strob., 231; Taylor 
V. Easterling, i Rich., 310; Elfe v. Gadsden, i Strob., 225. 

furnTt'u°re! Scc. 838. It shall bc the duty of every Sheriff, and, if he be 
pers^ 1^0" sSc- dead, of his personal representatives, to turn over to his suc- 
cessor, P^"^ " ^-gggQj. ^11 ^]^,g furniture appertaining to his office, the original 
"~G. s. 657; Writ Book and Sale Book, and also the original Execution 
1839, 'xL,%o; Book, or a correct certified copy thereof, and also all original 
263;' 1859'! bonds officially taken by him, all mesne processes not served, 
■' ^ ■ and all final processes partially or wholly unexecuted. Such 
successor shall be bound to execute a receipt, and a duplicate 
to be lodged in the Clerk's office, specifying the matters and 
things so received by him, and shall be responsible for them. 
And it shall be the duty of such predecessor who has levied 
upon personal property and not sold it to deliver it to his suc- 
cessor at the time of turning over such books, bonds, and pro- 
cesses, taking his receipt for the same, and his successor is au- 
thorized to sell such property. 

Osborne v. Huger, i Bay., 179; State v. Kennedy, 5 Strob., 160. 

successor mon° Scc. 839. Each Sheriff, on the expiration of his term of of- 
Sheriff1^vithfn ficc, must tum ovcr to his successor all moneys remaining in his 

what time. hauds as Sheriff, within one month from the time his succes-. 

R.*^' s^' 7i^\ sor shall have entered on the duties of his office, in the same 
-sl,^!'!. ^^^" rnanner as he is required to turn over to his successor the fur- 
niture, books, bonds, processes and other papers ; and his suc- 
cessor shall receive and be responsible for the money so turned 
over to him in the same manner as he is liable for other money 
received by him as Sheriff. 
on^°sucf 'mon' Scc. 840. The retiring Sheriff shall be entitled to retain only 
vidid. ^""^ ^^' one-half of the commissions allowed by law on moneys collected 
Q_ s. 69s; and turned over, and his successor the other half for paying out 

R. S. 720; Jbl^j^g g^j^g_ 

faiW^^^o pay Scc. 841. If the retiring Sheriff, or his successor, neglects or 
. refuses obedience to the requisitions contained in the two pre- 



over. 



G. S. 



R. s. 721 fit! ceding Sections, he and the sureties to his official bond shall be 
liable to pay to the party entitled to receive such money the 
amount due to such party, with interest thereon from the time 
such successor shall assume the duties of his office, at the rate 



OF SOUTH CAROLINA. 




of five per cent, per month, until the whole amount shall be 
paid, to be recovered by action. 

Sec. 842. Upon the death of any Sheriff, his personal repre- j.g^|^^°^^g/^Pj 
sentative or representatives shall likewise pay over to the sue- fjf?^^^^g^^Yo 
cessor in office of such deceased Sheriff all moneys which suchPf^^""*'^'"' p^°' 
deceased Sheriff had in his hand officially at the time of his q g g ^ ^^ 
death, within twelve months after he, she or they shall have j^^-^-^^^^g^'!^' 
assumed the administration of such estate ; and upon his, her or 
their neglect or failure so to do, the estate of such deceased 
Sheriff and the sureties upon his official bond shall be liable to 
pay to the party entitled to receive such money the amount due 
to such party, with interest at the rate of five per cent, per 
month thereon after the expiration of such term of twelve 
months to be recovered by action. This and pre- 

This and the preceding Sections shall be deemed cumulative, cumufaUvere" 

and not to bar or affect any right of action, rule or other pro- ^^^^ ° • 

ceeding authorized by law. ySg^.^lV^ ^ ' 

See. 843. The Sheriff shall summon the requisite number of Must summon 
Constables, not exceeding five, to attend the Court of Common attend^^^Court^ 

Pleas and General Sessions, and provide a staff for each of^^^ 

them, and shall make a return of such summons to the Clerk of s^Var^^i^a^" 
Court. fhr'Mi 

Sec. 844. The Sheriffs, or their lawful deputies, shall attend 713. 
all the Circuit Courts that may be held within their respective cJurts"and fo 
Counties, and enforce such rules as the said Courts may estab- q^^^^ '""^^^ °* 
lish; and during the term time of the said Courts, any Sheriff ^ g ^ ^ 
or his deputy shall serve any rule of such Court or writ of at- f- J^"^' ^^•' 44. 
tachment, for any contempt thereof, on any party or witness in 
any part of this State ; and the party moving for the same shall 
be liable to pay such sheriff the cost in cash for such service, on 
the return of such rule or writ of attachment. 

Sec. 845. The Sheriff, or his regular deputy, on the delivery ji^^-|j|f|g ^ " ** 
thereof to him, shall serve, execute, and return every process, ^ g ^g^. j^' 
rule, order or notice, issued by any Court of record in this f- 725; Jb-, 41, 

' J J J § IQ| 1808, v., 

State, or by other competent authority ; and if the Sheriff shall ^^j §^7; 1784, 
make default herein, he shall be subject to rule and attachment 17^/' ^^?' k ^'^ 

' -" Code of Pro- 

as for a contempt, and he shall also be liable to the party in- cedure, §^434; 

jured, in a civil action. 645- 

Service of Process. — ^^Osborne v. Huger, i Bay, 179; Stewart & Co. v. Childs, 
I Bay, 362; Shoolbred v. Posel, 2 Brev., 201; Grimke v. Mayrant, 2 Brev., 202; 
May V. Walters, 2 McC, 470; Miller v. Hall, 1 Speer, i; Richardson v. Croft, 
I Bail., 264; McWorter v. Reid, i Hill, 368; Solomon v. Richardson, i Hill, 
396; Wood V. Crosby, 2 Hill, 520; Moore v. Byne, i Rich., 94; Wallace v. Prince, 
3 Rich., 177; Ervin v. Scott, 15 Rich., 12. 

21. — C 



322 CIVIL CODE 

A. D. 1902. = 



^^~-*'^v'^"~^ Execution of. — State v. Thackham, i Bay, 358; Greenwood v. Colcock, 2 Bay, 

67; Cholett V. Hart, 2 Bay, 156; Commissioner v. Hart, i Brev., 492; Ross v. 
McCartari, i Brev., 507; Treasurer v. Forde, i N & McC, 234; Walton v. 
Deignan, 2 N. & McC, 248; Graham v. Allen, 2 N. & McC, 492; Rochelle v. 
Campbell, i McC Ch., 53; DeGraffenreid v. Mitchell, 3 McC, 506; Wilks v. 
Hasket, Harp., 490; Perry v. Williams, i Bail., 10; Steedman v. Keith, i Bail., 
476; Ex parte Black, 2 Bail., 8; Graham v. Durant, 2 Hill, 517; Thomas v. 
Aitkin, Dud., 292; Johnson v. Mcllwain, Rice, 368; Cauble v. Hoke, i Speer, 
168; Broughton v. Broughton, 4 Rich., 491; Bachman v. Sulzbacher, 5 S. C, 
58; State V. Moseley, 10 S. C, i; State v. Gilreath, 16 S. C, 106; Bragg v. 
Thompson, 19 S. C, 577; Goodgion v. Gilreath, 32 S. C, 388; 11 S. E., 207; Rogers 
V. Marlboro Co., 32 S. C, 556; 11 S. E., 383; Burnett v. Gentry, 2^ S. C, 597; 
11 S. E., 96. 

Return of. — Huger v. Sheriff, i Bay, 319; Wilder v. Grimke, 2 Brev., 261; Bel- 
ser V. Graves, i N. & McC, 125; City Council v. Price, i McC, 299; Ford v. De- 
Villers, 2 McC, 144; Mathewson v. Moore, 2 McC, 315; Walton v. Parsons, 4 
McC, 368; Mills v. Kennedy, i Bail., 17; Saunders v. Bobo, 2 Bail., 492; 
Saunders v. Hughes, 2 Bail., 505; Jeannerett v. Redford, Rich. Eq. Ca., 469; State 
v. Wylie, 2 McM., i; Treasurer v. Hilliard, 8 Rich., 412; Farrar v. Barnes, 12 
Rich., 224; Dawson v. Dewan, 12 Rich., 499; Bancroft v. Sinclair, 12 Rich., 617; 
Bank v. Kinard, 28 S. C, loi; 5 S. E., 464. 

Liability for 

illegal arrest. Scc. 846. If any Sheriff, or Deputy Sheriff, without writ, 
G. s. 661 ; R. warrant, or process, shall summon any one, by arresting the 
XI., 41'. § II ;' person or attaching the goods to appear in any of the Courts of 
§ I'y; Art! this State, (not having at that time any process to justify the 
same,) upon complaint thereof, on oath, such Sheriff or deputy 
shall be liable to be punished for a contempt, by either the Court 
of Common Pleas or General Sessions for his County: Pro- 
vided, That nothing herein contained shall prevent the Sheriff", 
or his deputy, from arresting any person for treason, felony, or 

breach of the peace, committed in his presence, or from arrest- 
No person to . 1111 

be ar r e s t e d mg any pcrsou f Or trcasou or felony, upon probable and reason- 
while engaged , , ' , 
in military or able grOUUds. 

exception. ' Sec. 847. No pcrsou shall be arrested while actually engaged 
G. s. 662; R. in or attending military or militia duty, or going to or return- 

XI., 41,' § 12. ' ing from the same, nor while attending, going to, or returning 
No civil pro- from, any Court, as party or witness or by order of the Court, 

cess to be serv- , - . - ... 

ed on Sunday; except for trcasou, fclony, or breach of the peace; but in such 

no cri m i n a 1 

process, except casc proccss may be served without actual arrest of body or 

for trea son, 
felony, or gOods. 

peace; no fe- Scc. 848. No civil or criminal process shall be served on 

male to be ar- , , . , , ^ 

rested; excep- Sunday, cxccpt for treason, felony, or breach of the peace. JNor 

shall any female be arrested in any civil action, except for a wil- 

G. S. 663; R. ^ , . . -^ , ^ > f 

s. 728; Code ful injury to persons, character, or property. 

§ 200. Eason v. Witcofsky, 29 S. C, 239; 7 S. E., 291. 

Escaped pris- gec. 849. It shall be lawful for the Sheriff, Deputy Sheriff, 

oners may be ' ± ./ 

retaken on or lailcr, to rc-takc on Sundav, as on anv other day, and at 

Sunday, &c. j ' - ' . ^ j ' 

Court, muster, or any other place, any prisoner who has 



G. S. 664; R. 

s 729; 1839, escaped 

XL, 45, § 27. ^ 



OF SOUTH CAROLINA. 323 

' A. D. 1902. 



Sec. 850. The Sheriff or his deputy shall arrest all persons '""'■"■'-'^ 
against whom process for that purpose shall issue from any rest*Tnd*°take 

competent authority, commanding such person to be taken into^^: 

custody, or requiring him or her to give bond, with security ; 3.^730'; zt.^,' 4^; 
and if the party so arrested, being entitled to bail, shall give it, ^ '•'" 
or shall give the bond with security required, such person shall 
be enlarged ; and if not, he or she shall be kept in custody until 
discharged from confinement, according to law. 

Arrest and Bail. — Teasdale v. Kennedy, i Bay, 316; Teasdale v. Hart, 2 Bay, 
173; Atkinson v. Martin, i Brev., 481; Laval v. Gall, 2 Brev., 265; Blanding v. 
Rogers, 2 Brev., 394; Pepoon v. Mooney, i Mill., 314; Antonio v. Arthur, i N. & 
McC, 251; Jones v. Blair, 4 McC, 281; State v. LeCerf, i Bail., 410; Saunders 
V. Hughes, 2 Bail., 505; Treasurer v. Barksdale, i Hill, 272; Poole v. Vernon, 2 
Hill, 667; Brissac v. Moorer, Dud., 228; Chiswell v. Ellzey, Rice, 29; Berry v. 
Hoke, I Rich., 94; Glover v. Gomillion, 2 Rich., 554; Dickinson v. Coward, 3 Rich., 
49; Rosenberg v. McKain, 3 Rich., 145; Bennet v. Brown, i Strob., 303; Meyers 
V. Centre, 2 Strob., 439; Simonton v. Yongue, 3 Strob., 538; Bennet v. Brown, 5 
Rich., 347; Ervin v. Scott, 15 Rich., 12; Ware v. Miller, 9 S. C:, 13. 

Custody. — Smith v. Hart, 2 Bay, 395; McLain v. Hayne, 3 Brev., 291; Prather 
V. Clark, 3 Brev., 393; Yates v. Yeaden, 4 McC, 18; Boyce v. Barksdale, 4 McC, 
141; Baker v. DeLiesseline, 4 McC, 372; Walton v. Oswald, 4 McC, 501; Harvey 
V. Huggins, 2 Bail., 252; Treasurer v. McDowell, i Hill, 184; Aiken v. Moore, i 
Hill, 432; Thomason v. Kerr, 2 McM., 340; Burns v. Brian, i Speer, 131; Berry 
V. Hoke, I Rich., 76; Kelsey v. Rosborough, 2 Rich., 241; Hyams v. Michel, 3 Rich., 
303; Cook V. Irving, 4 Strob., 204; Menude v. Butler, 5 Rich., 440; State v. Hal- 
ford, 6 Rich., 58; Irving v. Robertson, 6 Rich., 228; State v. Sellers, 7 Rich., 368; 
Conyers v. Rhame, 11 Rich., 60; Farrar v. Barnes, 12 Rich., 224. 

Sec. 851. No Sheriff shall take any attorney-at-law or officer ^^^0^*^^*°^^ Yaw 
of Court as bail for any person whomsoever in any civil or court^rbaiC ^ 
criminal case. g. s. 667; r. 

Sec. 852. It shall be lawful for the Sheriff or his deputy to li.,^ 45', §'24?*' 
break and enter any house, (after request and refusal,) to arrest 
the person or to seize the goods of any one in such house, pro- -^^^ break 
vided such Sheriff or his deputy have process requiring him to ]^^° ^^\ ^°"^^ 
arrest such person or seize such goods. '^^^^^- 

State V. Thackham, i Bay, 358; Rowe v. Cockrell, Bail. Eq., 126; Brian v. g*^- S- .^^91 R- 
Strait, Dud., 19. But one who officiously accompanied a deputy, and, without his xi., 43', § 16; 
command, forcibly entered and took property, is a trespasser, without justification. — Code of Pro- 
McElhenny v. Wylie, 3 Strob., 284. cedure, § 235. 

Sec. 853. The Sheriff, on the receipt of any money on ac- j^^^^ „j^g ^^_ 
count of any plaintiff in execution, or other person entitled ^^'^^^1°^™°^!^ 
thereto, must, within one month, give notice in writing of the ^^"^j^jj^l^p^'^'^ 

same to such plaintiff or his attorney, or other person entitled ^^^y- 

thereto, by personal service or by mail; on failure to do so he g^- ^•. ^^o; R. 
shall be liable to pay interest for the money in his hands at the ^^^•' 534- 
rate of five per cent, per month till notice is given. ^^^ jj^^j^ ^^ 

Sec. 854. No Sheriff shall be liable to be served with anyj^ie, &c., after 

•' two years from 

rule to show cause, or attachment, at any time after two years ^"'^ °^ ^^^^- 
from the expiration of his office, J^- S- 671; R- 

•f S. 734; 1839. 

XL, 44, § 19; 
1801, v., 412. 



324 CIVIL CODE 

A. D. 1902. ■ 



^""■"-^'''^ Sec. 855. Any Sheriff shall be liable to be proceeded against 
teSpt or^breadi ^^ ^^Y Court of record in this State for an open contempt, or 
ceedings.' ^'^° ^^r a breach of official duty. For an open contempt he shall be 
G. s. 672; R. liable to be attached forthwith ; and for a breach of official duty 
XI.P44, ilo^' hs "^ay bs required, by rule, to answer to the complaint of any 
suitor of the Court; and upon failing to answer or to comply 
with the order of the Court, made on hearing of said rule, he 
shall be liable to be attached as for a contempt and committed 
to close custody until he shall have complied with the requisi- 
tion of the Court. In all cases, interrogatories may be pro- 
pounded to him, which he shall answer on oath, either orally 
or in writing, as the Court may order. 

Mongie v. Cheney, 1 Hill, 145; James v. Smith, 2 S. C, 183; Emory v. Davis, 
4 S. C, 23; Kirby v. Woods, 5 S. C, i; Prince v. Sutherland, 12 S. C, no; 
Charles v. Charles, 13 S. C, 385; Warren v. Simons, 16 S. C, 364. 

faiS'io^ ex°e- Sec. 856. If any Sheriff shall fail to execute or return final 
cess oT p^a°y proccss in any civil suit, or to pay over money, when demanded, 
over money. ^-^^^ ^^^ come into his hands as Sheriff, to the party entitled 
s. '736; /i'., § thereto, and shall be unable, on the return of the rule that may 
^'' be issued against him, to show sufficient cause, he shall be 

liable to be attached for a contempt and committed to custody 
until he shall comply with the order of Court. 

State V. Sheriff, i Mill, 145; Summers v. Caldwell, 2 N. & McC, 341; Ex Parte 
Stephens, 1 McC, 87; Levy v. Roberts, i McC, 395; Chiles v. Holloway, 4 McC, 
164; Noonan v. Gray, i Bail., 437; Ex Parte Thurmond, i Bail., 605; McLean v. 
DuBose, I Bail., 646; Dawkins v. Pearson, 2 Bail., 619; Bank v. Condy, i Hill, 
209; Johnson v. Shubert, 2 Hill, 502; Thomas v. Aitkin, Dud., 292; Rice v. Me- 
Clintock, Dud., 354; Pitman v. Clarke, i McM., 316; Cooper v. Scott, 2 McM., 
150; Connor v. Archer, i Speer, 89; Kirkpatrick v. Ford, 2 Speer, no; Canady 
V. Odum, 2 Rich., 527; Brown v. Furze, 2 Rich., 530; Treasurer v. Cleary, 3 Rich., 
372; Maddox v. Williamson, i Strob., 23; Emory v. Davis, 4 Strob., 23; Starnes 
V. Prince, 6 Rich., 319; Hook v. Byrd, 10 Rich., 120; Dawson v. Dewan, 12 Rich., 
499; Wallace v. Graham, 13 Rich., 322; Kuhn v. Law, 14 Rich., 18; Caskey v. Mc- 
Mullen, 3 S. C, 196; Emory v. Davis, 4 S. C, 23; Gibson v. Gibson, 7 S. C, 356; 
State v. Gilreath, 16 S. C, 106; Bragg v. Thompson, 19 S. C, 577. 

To pay over Scc. 857. If any Sheriff, upon the demand of any plaintiff, 

money one day 

after demand; or his attomcy, shall wilfully refuse to pay over any sum of 

penalty for re- ,,..--.,." 

fusai; proviso, moucy collcctcd for such plaintiff, withm twenty- four hours, 
G. s. 675; R. the Sheriff so in default, besides being Hable to rule and at- 

XI., 358, § I • tachment, shall be liable also to pay to such plaintiff, or his 
1839, XL, 55, ' . , . ' 

§ 63. legal representative, the said sum withheld, and interest there- 

on, for the time he may withhold such sum after demand, at the 
rate of five per cent, per month ; and if any regular Deputy 
Sheriff (in the absence of such Sheriff), having such fund, 
* shall refuse, one day after demand, to pay over the same, the 

Sheriff shall, for such default, be liable to the same penalties 
as are herein provided ; but nothing herein contained shall ap- 



OF SOUTH CAROLINA. 



ply to the detention of money on account of bona iide conflicting 
claims. 

Commissioner v. Allen, 2 Mill, 88; Kilpatrick v. Vandiver, 2 Mill, 341; Kelly 
V. Payne, 1 McC, 138; iJaniel v. Capers, 4 McC, 237; Wilks v. Hasket, Harp., 
490; Wright V. Hamilton, 2 Bail., 51; Treasurer v. Oswald, 2 Bail., 214; Graham 
V. Durant, 2 Hill, 517; Thomas v. Aitkin, Dud., 292; Thomas v. Yates, i McM., 
179; Williamson v. King, McM., Eq., 41; Taylor v. Easterling, i Rich., 310; Wal- 
ker V. Kennerly, 3 Rich., 64; State v. Wiley, 2 Strob., 113; Posey v. Rainey, 4 
Strob., 20. 




Must furnish 
Stat ement of 



Sec. 858. The Sheriff, in case of partial or entire failure to 
make execution, must, when required by any person having ^®j.^^°"^^°'^^^^g 
control of the execution, furnish a written statement, sub- ^l^g^j^'^j.gqjj"^^' 
scribed by him, of the reasons for such partial or entire failure, g s 676- r. 

Sec. 859. If any Sheriff, or his deputy, shall contract for, |j 73^8^; ^i839_, 

buy or purchase any judgment or decree of any Court which g^^J* ^^■' 433. 

may become his duty to enforce, or any execution lodged in his 

office, or cause the same to be done, directly or indirectly, the purchasing ex- 
ecutions. 
said Sheriff, or his deputy, shall forfeit and pay, for every such — — 

offence, treble the amount of such judgment, decree, or execu-s. 739; 1839, 
tion, one-half of which said forfeiture shall be paid to the State 1823, vi., 213', 
and the other half to the informer; and the same shall be re- 
coverable with full costs by action or by indictment in any Court 
of competent jurisdiction, and, by any such purchase, such 
judgment, decree, or execution shall be ipso facto satisfied. 

Sec. 860. If any Sheriff, or his deputy, shall permit anv Penalty for 

^ _ i ./ ' X ^. permitting pris- 

prisoner, committed to his custody on mesne or final process, in oners commit- 
any civil action, to go or be without the prison walls, without process to go at 

° . „ large; proviso. 

lawful authority, or if any Sheriff, or his deputy, suffer such—— — -— 
prisoner to go or be at large, out of the rules of the prison, s. 740; 7b.,'4S, 

, ^ r r^ -^ ' §§ 26 and 29; 8 

(except by some writ of habeas corpus, or rule of Court, which and 9 w. 3d., 

27; 1712, II., 
rule shall not be granted but by motion in open Court,) any 554-5, §§ 1-8; 

such going and being out of the prison walls, or prison rules, §§ 8,' 9. 

as the case may be, shall be adjudged and deemed an escape. 

If any Sheriff, or his deputy, shall, after one day's notice in 

writing, given for that purpose, refuse to show any prisoner 

committed to his charge to the plaintiff at whose suit such 

prisoner was committed, or to his attorney, such refusal shall 

be adjudged to be an escape : Provided, That the Sheriff shall 

discharge a defendant in custody on mesne process in a civil 

case where the plaintiff is non-suited. 

Baker v. DeSiesseline, 4 McC, 372; Burns v. Brian, i Speer, 131; Cook v. In what cases 
Irving, 4 Strob., 204; State v. Halford, 6 Rich., 58; Conyers v. Rhame, 11 Rich. 60. plaintiff shall 

be liable for 

Sec. 861. When any person shall be taken on mesne or final ^'I'lJ^^o^i^^pro! 

process in any civil suit, and from inability to pay the demand, ^'^°- 

debt, or damages, or find bail if committed to the jail, and such s^'74if''i^3^i 

XI., 46.' § 30. ' 



326 CIVIL CODE 

A. D. 1902. 



^~''^^' person has no lands, tenements, goods, chattels, or choses in ac- 

tion, whereby his maintenance in jail can be defrayed, the plain- 
tiff or person at whose instance such party shall be imprisoned, 
shall pay and satisfy the same ; and if such person, or his attor- 
ney, shall refuse or neglect, after ten days' previous notice, to 
pay, or give security to pay, the same, when demanded, the 
Sheriff or Jailer, in whose custody such prisoner is, may dis- 
charge him from such confinement : Provided, hoivever, That 
such prisoner shall, before he is discharged, render, on oath, a 
schedule of all his estate, and assign the same. 

McLain v. Hayne, 3 Brev., 291; Walton v. Oswald, 4 McC, 501; Thomason v. 
Kerr, 2 McM., 340; Irving v. Robertson, 6 Rich., 228. 

n e g ligent es- Scc. 862. The Sheriff shall be liable for the negligent escape 

cape on mesne - . /> 1 ,11 

or final pro- of any prisoucr on mesne or nnal process to such damages as 

— '- — - the plaintiff may have sustained : Provided, That the insolv- 

s. 742'; ib.,'46;ency of the prisoner shall not mitigate the damages below the 
31, 22, 33. ^j^Q^j^i- sufficient to carry costs. 

Smith V. Hart, 2 Bay., 395; Yates v. Yeadon, 4 McC, 18; Boyce v. Barksdal& 
4 McC, 141; Baker v. DeLiesseline, 4 McC, 372; Harvey v. Huggins, 2 Bail., 252; 
Aiken v. Moore, i Hill, 432; Hall v. Taggart, Dudley, 368; Kelsey v. Rosborough, 
2 Rich., 241; Conyers v. Rhame, 11 Rich., 60. 

f<^""il?a^\^^ of ^®^- ^^"^- ^^ ^"y Sheriff, Deputy Sheriff, Jailer, or other 

cri minal. officcr, wilfully suffcr a prisoner in his custody, under convic- 

^G. s^682|^R. ^\qt^ qj. under any criminal charge not capital, to escape, he shall 
^IV-' 309. § 7; suffer the like punishment and penalties as the prisoner suffered 
§ 35- to escape was sentenced to, or would be liable to suffer, upon 

conviction of the crime or offence wherewith he stood charged. 
^Penalties for geg, gg4_ ^q Sheriff or Deputy Sheriff shall be concerned 
saiel' ^ o wi QJ- interested, directly or indirectly, in the purchase of any prop- 
(j g gg . j^ erty sold by either of them officially ; and if any such Sheriff or 
XI ''Ifc' 8 ^■'^•' Deputy Sheriff shall be concerned or interested in any such 
i7^i'vii 26^' purchase at any such sale, made by either of them, he shall, on 
§ ^- conviction thereof, be deprived of his office, and shall be liable 

to be fined and imprisoned at the discretion of the Court; and 

such purchase shall be null and void. 

Singletary v. Carter, i Bailey, 467; Lewis v. Brown, 4 Strob., 293; Matheny v. 
McDonald, 5 Strob., 77; Leger v. Doyle, 11 Rich., 109. 

i^o c'^e^ds^to ^®^- ^^^- '^^^^ Sheriff shall pay over the proceeds of sale of 
prior hen. ^j^y j.gg^| estatc sold by him to any judgment having prior lien 
G. s. 685; R. thereon. 

S. 744; 1839, 

■^t., 55, s 60. ^ prior judgment to another does not acquire a prior lien on lands acquired by 
the judgment debtor subsequent to the entry of both judgments, as their lien at- 
taches at the same time, and they are entitled to a pro rata distribution. — Belknap v. 
Greene, 56 S. C, 119; 34 S. E., 26. See also Davis v. Hunt, 2 Bail., 412; Taylor 
V. Easterling, i Rich., 310; Furman v. Christie, 3 Rich., i ; Lynch v. Hannahan, 
9 Rich., 186; Wallace v. Graham, 13 Rich., 322; State v. BoUes, 13 S. C, 283; 



OF SOUTH CAROLINA. 327 

A. D. 1902. 



Trimmier v. Winsmith, 23 S. C, 452; Garvin v. Garvin, 34 S. C, 388; 13 S. E., "^^""^^ "■" ' 
625. Applies to prior judgment of Federal Court in re Voorhees; Hurst v. Lati- 
mer, 46 S. C, 180; 24 S. E. 170. 

Sec. 866. In all cases where any Sheriff, Probate Judge, Clerk sf^rlffT" Pro^ 
of Court, or Master, shall have heretofore legally sold or hereaf- c!eri/"'^^rf 
ter shall legally sell, any real or personal estate, and such^g°g^'^^"y^g^g" 
Sheriff, Probate Judge, Clerk of Court, or Master, is now dead, ^^"^^^^ titles, 
resigned or otherwise out of office, or shall hereafter die, resign ^ g ggg. j^ 
or otherwise go out of office before he shall have executed titles xxm ' 44^^^' 
therefor to the purchaser, it shall be lawful for any subsequent 
Sheriff, Probate Judge, Clerk of Court, or Master, of the same 
County, upon terms of sale being complied with, or satisfactory 
evidence produced that they have been complied with, to make 
and execute good and sufficient title to the purchaser for the 
property so sold. 

Carolina Savings Bank v. McMahon, 37 S. C, 309; 16 S. E., 31. 

Sec. 867. All judicial sales shall be made by the Sheriff, , May make ju- 

•^ -^ dicial sales; ex- 



unless otherwise provided by law. In all such sales made by caption; fees 

him his fees shall be the same as allowed by law on sales under—- — 

^ ■' G. S. 69 I, 

executions issuing from the Court of Common Pleas, except 692 ; R. s. 746; 

in the Counties of Lancaster, Georgetown, Charleston, Chester, 336;' 1870' 

. XVI., 324, § 2; 

Beaufort and Lexington Counties, where they shall be allowed i 89 i, xx., 
the same commissions as are now allowed the Clerks of the 
Courts in similar cases. 

Childs v. Alexander, 22 S. C, 169; Williams v. McLendon, 44 S. C, 174; 21 
S. E., 616. 

Sec. 868. Whenever a Sheriff shall collect moneys in cases Collection of 

■^ money; now 

that have been entered in the books of his predecessors, he ^^tered. 

shall enter such cases in his own execution book, with an ac- „g. s. 699; r. 

' S. 747; 1859, 

count of the money so collected. ^ii-' 789. § i- 

Sec. 869. All Sheriffs are required, on the first Wednesday Monthly 

^ _ s t a t ement to 

in everv month, or within ten days afterward, to make in writ- Auditor and 

' -^ ' _ T r e asurer of 

ing to the Auditor and Treasurer of the several Counties a fi "es, &c. 
full and accurate statement of all moneys collected bv them on J^- S- 700; r. 

. ' . S. 748; 1878, 

account of licenses, fines, penalties or forfeitures during the xvi., 753- 
past month. 

Sec. 870. It shall be the duty of the Sheriffs of this State, Duty of sher- 

-^ _ ms to arrest 

and they are hereby required, under the penalty hereinafter pro- escaped c o n- 
vided, to arrest in their respective Counties, with or without a —-z^rrr 

^ _ 1900, XXIII., 

warrant, all escaped convicts from the penitentiary or from the 305- 
chain-gang or jails found in their said counties ; and upon said 
arrest it shall be the duty of said Sheriffs to immediately notify 
the proper authority from whose care said convicts escaped. 
See. 871. Whenever the County Sheriff shall receive tax 



328 CIVIL CODE 

A. D. 1902. " ~ 



'^'^^ executions from the County Treasurer, he shall give the County 

cdpt"for*°tax Treasurer an itemized receipt therefor, and shall enter each 
execut ions. executiou Separately upon the execution book in his office 
^^- wherein he enters executions issued out of the Court of Com- 

mon Pleas, and in the same manner. 
Jg° P|yTreas- gec. 872. It shall be the duty of the Sheriff of the County to 
lected. pa^y Qygj. ^Q |-jjg County Treasurer, upon his written demand 

therefor, at the expiration of the time allowed by law for the 
enforcement of said tax executions, and to take the County 
Treasurer's receipt therefor in each case on the execution book 
where said execution is entered. 
ta? "exe°cudons ^^^- ^^^- ^^ ^^^^^ ^^ ^^^ ^^^^ o^ ^hc Sheriff, at the expiration 
to Treasu^r e^r^ °^ ^^^ ^™^ allowcd by law for the enforcement of tax execu- 
when, how, &c. tions, upon the written demand of the County Treasurer, to 
return to him all uncollected tax executions with his return 
endorsed on each execution, stating his reason or reasons for 
his failure to collect the same, and to take the County Treas- 
urer's receipt for each uncollected execution on the execution 
book where the same is entered. The Sheriff shall also enter his 
return on the execution book where the uncollected execution is 
entered, as well as on the execution itself. 
Penalty for Scc. 874. For failure to retum any Uncollected tax cxccution, 

failing to re- .... 

turn uncollect- as herein required, within five days after the expiration of the 

ed tax execu- _ ^ -^ ^ 

tions. ^ time allowed by law for enforcing the same, and after the writ- 

1901, XXIII., ten demand by the said County Treasurer, the Sheriff shall for- 
feit and pay to the County Treasurer the taxes, penalties and 
County Treasurer's costs for which such execution was issued, 
which shall be recoverable by said County Treasurer from the 
Sheriff and the sureties on his official bond in any Court of com- 
petent jurisdiction : Provided, That the Sheriff so failing to 
return any uncollected executions shall make it appear that such 
failure is due to the loss or destruction of such execution with- 
out fault on his part, then he shall not be subject to such 
penalty. 
For making Scc. 875. For nesflisfently or fraudulently making a false re- 

false return on & fe ./ ^ j ^a 

tax execution, turn ou any tax execution, the Sheriff shall forfeit and pay to 
the County Treasurer the taxes, penalties and Treasurer's costs 
for which such execution was issued, which shall be recoverable 
by said County Treasurer from the Sheriff and the sureties on 
his official bond in any Court of competent jurisdiction. 
be^?ecove%Td ^^^- ^'^^- ^^ ^11 cascs whcrc the Sheriff has failed to return 
Fund'comli^is^^^^*^^^^^^^^ ^^^ cxccutious, as herein required, or has negli- 

sioners. 



OF SOUTH CAROLINA. 



329 

A. D. 1902. 



gently or fraudulently made false returns of any tax executions, ^ "' 
and the County Treasurer has failed for twelve months to en- 
force the penalty provided herein for the failure of the Sheriff 
to return any tax execution as herein required, or for making 
such false return, the Commissioners of the Sinking Fund may, 
within twelve months thereafter, sue for and recover from the 
Sheriff and the sureties on his official bond the taxes and penal- 
ties for which such execution was issued, in same manner as the 
County Treasurer could have sued and recovered under the 
preceding Section 875. 

Sec. 877. Nothing herein contained shall be construed to re- frf^otherren"^ 
lieve the Sheriff from any of the penalties, civil or criminal, ^'^''^^• 
now provided by law for his failure to comply with the law 
prescribing his duties in relation to tax executions. 



ARTICLE III. 



The Coroner. 



Sec. 
878. 
879. 
880. 
881. 
882. 
883. 
884. 

885. 



887. 



889. 
890. 



891. 
892. 



Election of. 

Term of office. 

Vacancy, how filled. 

Official bond. 

Official oath. 

When to be commissioned. 

Coroner's deputies ; appoint- 
ment and duties of. 

Not to act under appointment 
of Sheriff ; penalty. 

Office, where kept ; book of 
inquisitions. 
Coroner to take inquests. 

Magistrates to act as Coro- 
ner, in what cases. 

Book of inquisitions. 

Inquisitions, t&c, to be re- 
turned to Clerk ; when. 

Endorsement on return. 

Coroner to act as Sheriff, in 
what cases. 



Sec. 



893. When Sheriff's office vacant, 

to act as Sheriff generally ; 
his book, and what to be 
entered therein. 

894. Not bound to act except spe- 

cially instructed, &c. 

895. To make list of prisoners ; 

when, how made, and where 
lodged. 

896. To turn over papers, &c., to 

succeeding Sheriff. 

897. Salary of Coroner ; to ap- 

point deputy ; salary of ; 
special deputy. 

898. Duties of Coroner and deputy. 

899. Certain Magistrates James 

Island to hold inquests, &c. 

900. Salaries, how paid. 

901. County Commissioners to pro- 

vide office, books, &c., for 
Coroner ; proviso. 



Section 878. There shall be an election for County Coroner „e lection of 

Coroners. 



in each County, except in the Counties of Berkeley, Cherokee, „ g q-^. -^ 
Darlington, and Hampton, by the qualified voters thereof, at Ij^"^^' ^^7\ 
each alternate general election, reckoning from the election ini; ^897, xxii., 

o ' o 591. 

the year one thousand eight hundred and seventy-two. In the 
Counties excepted the next election shall be in 1902. 



330 CIVIL CODE 

A. D. 1902. 



^"■^^'' Sec. 879. The term of office of the Coroner shall be four 

ficl^™ °^ °^' years, and until his successor shall be elected or appointed, and 
"^s. 702;R. shall qualify. 

S. 750; 16., §2. ggg_ ggQ_ jj^ ^i^g event of a vacancy in the office of Coroner, 
fiHed^"'^^' ^°^ ^he Governor shall have full power to fill the same by appoint- 

Q g j^ ment, as provided in Section 254. 
xvn^'i/2^6^^5 ^®^" ^^^' Before receiving his commission he shall enter 
75- into bond, to be executed by him and any number of sureties, 

Official bond, ^q^ exceeding" twelve nor less than two, to be approved, re- 

s^-?2.7°^^6g- corded and filed as prescribed in Article i of Chapter XVIII. 

XIV., 19, § I. jjj ^j^g County of Charleston the bond shall be in the penal sum 

of ten thousand dollars, and in each of the other Counties two 

thousand dollars. 

McBee v. Hoke, 2 Speer, 138. 

Official oaths, ggc. 882. Bcforc he is qualified to act he must take and sub- 
G. s. 704; R. scribe the Constitutional oath of office, and also the additional 

i'- 753- 

oaths required of such officer by Sections 582 and 583. 
When to be gcc. 883. When a person has been elected, or designated, for 

commissioned. ^ ^ a ' 

~G~s — o~^ appointment, to the office of Coroner, and has taken and sub- 
s. 754. scribed the oaths and given the bond as required by law, the 

Governor shall issue a commission to him accordingly. 
Coroners' de- ggc. 884. The Corouer of any County, except Charleston, 

puties, appoint- -' j ' r 

tieTof ^"^ ^^ ^^y appoint one or more deputies, to be approved by the Judge 

~^~s — Te" °-^ ^^^ Circuit, or by any Circuit Judge presiding therein, who 

7°7; R. s^75.5; shall take and subscribe the oath prescribed by the Constitution, 

332, § I. and also the oaths with respect to duelling and gaming, prior 

to entering upon the duties of said appointment; said oaths 

may be administered by any officer authorized to administer 

oaths in the County. Such appointment must be evidenced by 

a certificate thereof, signed by the Coroner, and shall continue 

during his pleasure. He may take such bond and surety from 

his deputy as he may deem necessary to secure the faithful 

discharge of the duties of the appointment, but shall always be 

answerable for the neglect of duty or misconduct in office of 

such deputy. When duly qualified, as herein required, the 

deputy so appointed may do and perform any or all of the duties 

appertaining to the office of his principal. 

Not to act Sec. 885. No Coroner shall act as Jailer, Deputy Sheriff, or 

under appoint- 
ment of sher- under any appointment by a Sheriff; and if he shall accept or 

iff; penalty. . rr j _,,.„.,._, 

— — — -7— shall act under the appointment of the Sheriff of his County, 
s. 756; 1839', his office shall be vacated and the same shall be filled in the 

XL, 71, § 7. 



OF SOUTH CAROLINA. 33 1 

— A. D. 1902. 



manner provided by law in case of vacancy from any other '^^'^'^^^ 
cause. 

Sec. 886. He shall keep an office at the court house in his ke^t^^^k'^of 
County, which shall have proper fixtures, and in which he shall l!^!!!^'__ 
keep his book of inquisitions, which book shall be public prop- 3.^757'; '^fb,; ^; 
erty and shall be turned over to his successor in office. ^ ^^■ 

Sec. 887. Every Coroner, within the County for which he ^^k^inquSts!" 
has been elected or appointed, is empowered to take inquest ~q s. 711; r. 
of casual or violent deaths, where the dead body is lying within |j ^sSj 1^839, 
his County. 1874. xv., 5.9- 

Coroner v. Cunningham, 2 N. & McC, 454. 

Sec. 888. Any Magistrate of the County, except in the act af Coroner, 
County of Charleston, is authorized and required to exercise!^ 
all the powers and discharge all the duties of the Coroner in s. 759; ib.' 33, 
holding inquests over the body of deceased persons, and taking 51.^^' 
all proper proceedings therein, in all cases when the Coroner of 
the County is sick or absent, or at a greater distance than fifteen 
miles from the place for such inquiry, or when the office is 
vacant. 

Sec. 889. Every Coroner shall keep a book, to be called "Thp ^ J3'?ttns°^ '"" 
Coroner's Book of Inquisitions," into which he shall copy all ^ g ^^g; r. 
inquests found within his County, together with the evidence ^^7^°' ^''■' ^ 
taken before the jury, and all proceedings had before or after 
their finding. 

Sec. 890. The original inquisition and evidence, as taken by ^l^ ?o" be '°re- 
him, shall be returned by the Coroner, within ten days nextt^\^^"^^dtocierk; 
after the finding thereof, to the Clerk of the Court of General g. s. 719; R. 
Sessions for the County in which it was found. f^_ 761; it., § 

State V. Campbell, i Rich., 124. 

Sec. 891. The Coroner, before he returns such inquisition ^^End^orsement 
and evidence, shall endorse the same in this form : r. s. 762; o. 

ffo /--' -N . S. 720; lb., § 

South Carolina, ] 33. 



County. 

The State vs. The Dead Body of A. B. 

Inquisition taken this day of , A. D , by 

, Coroner for said County, entered and re- 
corded in Coroner's Book of Inquisitions, page , this 

day of , A. D " 

Sec. 892. If the Sheriff shall be a party plaintiff or defend- coroner to act 
ant, in any judicial process, execution, warrant, summons or f4 J^^^Jg^^' '" 
notice to be served or executed, within his County, the Coroner ""^T^f^j^; rT 
shall serve or execute such process, execution, warrant, sum- xiJ^yV, ^'lu' 



332 CIVIL CODE 

A. D. 1902. 

""'"^^'^ ' mons or notice ; in the discharge of which duties he shall incur 
such liabilities as would by law attach to their performance by 
the Sheriff himself. 

Miller v. Yeaden, 3 McC, 11; State v. Irby, i McM., 483; Cauble v. Hoke, i 
Speer, 168; McBee v. Hoke, 2 Speer, 138. 

iff's office va- Scc. 893. The Coroner, during a vacancy in the office of 
Sheriff" gener^- Sheriff, shall act as Sheriff, and while discharging the office 
and'what. °°'^' of Sheriff shall provide a suitable book, in which he shall enter 
G. s. 714; R. such executions or other papers as he may be directed to enter 
■ '' '^' by competent authority ; and also all new writs, processes, exe- 

cutions or other papers proper to be entered by a Sheriff ; and 
also all his proceedings as Sheriff in manner and form as Sher- 
iffs are required by law to do ; which book, or a certified copy 
thereof, he shall leave in the Sheriff's office as a record. 

Richardson v. Croft, i Bail., 264; State v. Irby, i McM., 485. 

Not bound to Sec. 894. The Coroner shall not be bound to act upon anv 

act, except '^ ' 

structed'^&c^" papcrs in the Sheriff's office, unless he is specially instructed ; 

^ c ^nor shall he be bound to embrace, in his return to the Clerk's 

G. S. 715; R. ' _ 

s. 765 ; ih., § office, any execution found in the Sheriff's office which is not 
entered in his book, or upon which he may not have taken any 
proceedings. 
To make list gee. 895. As soon as the Coroner shall enter upon the duties 

of prison e r s; '^ 

when, ho w of Sheriff, he shall, in the presence of the Clerk of the Court, 

made, and ' ' ^ 

where lodged, pj- jailer of the County, if there be one, make a list of the pris- 

gG. s. 716; R. oners in the jail, which must be signed by himself and the 

45- jailer, entered in the Coroner's book, and the original lodged in 

the Clerk's office. 

To turn over gee. 896. Upou retiring from the Sheriff's office he shall turn 

papers, &c., to ^ ° 

Sheriff^ ^ ^^^^ ^^^^ ^^ papcrs of the office and the prisoners in jail to the 
— ;; — ■„ succeeding Sheriff in manner and form as Sheriffs may be 

G. S. 777; _ =5 -' 

R s. y(>T, lb., required to execute the same duty. 
„ , , Sec. 897. The Coroner of Charleston County shall be paid a 

Salary of ^ '■ 

Coroner; to ap- salarv at the rate of two thousand dollars per annum. He shall 

point deputy; - ^ 

salary of; spe- appoint onc dcputv, who shall reside at the Countv seat, and 

cial deputy. ^^ r .. ' -- ' ^ 

— ^— ^ — — shall perform all the services of the Coroner, and shall receive 
fs ^■x\^ii' ^ salary of six hundred dollars per annum. The Coroner may 
s°;_ i883,^xix, appoint a Special Deputy Coroner, with jurisdiction in any part 
xix.,^ 524, §§ of the County, whenever any special occasion may require such 
appointment; but such Special Deputy shall have no right to 
make any charge against the County for his services. 

The evidence of appointment of special deputy should be in writing. — Buttz v. 
County of Charleston, 17 S. C, 585. 

Sec. 898. The Coroner and his deputy, subject to his orders 



2, 3. 4- 



OF SOUTH CAROLINA. 



333 

A. D. 1902. 



and instructions, shall perform all the duties of Coroner within '^ 

said County, and shall summon and warn all jurors for inquests c?^o ne/and 
held by them or either of them ; and every person so summoned ^!£]:^^ 



and warned and failing to appear and act as such juror shall j^^" ^- ''^^' 
forfeit and pay the sum of twenty dollars, if without reasonable 
excuse, to be recovered by action. 

Sec. 899. All the Magistrates residing outside of the limits ; 



Certain Mag- 
strates in 



of the city of Charleston, and appointed for the County of coun\y^may 
Charleston outside of the city limits, shall, in the absence of ''"'"^ '"quests. 
the Coroner, hold such inquests as may be necessary and do 306^^^' '^^^^"' 
such other business as pertains to the office of Coroner in cases 
arising within his vicinity. In all such cases the said Magis- 
trates shall receive for such services, beside their salaries as 
Magistrate, the sum of fifty dollars per annum, if so much be 
necessary. 

See. 900. All the salaries herein provided shall be paid out pail. ^"^^' 



of the funds of the County upon the order of the County Com- 1885, x i x., 
missioners, and shall be in lieu of all charges, costs and fees, "^^ ' 
except the costs, fees and compensation to which the Coroner 
may be entitled while acting as Sheriff. 

Sec. 901. The County Commissioners of said County shall mission e r s To 
provide for the Coroner an office in the city of Charleston and books, \c° for 
necessary books and stationery, provided the same shall not ex- viso!"^"^ ' ^^°' 
ceed the cost of twenty-five dollars per annum. ~~r. s.~772. 



ARTICLE IV. 



The Clerk of Circuit Court. 



Sec. 



902 
903 



904. 



Election of. 

Is Clerk of Courts of Sessions 
and Common Pleas ; vacan- 
cies, how filled. 

Official bond, penalty of. 

905. Official oaths ; commissions to 

be read and entered in jour- 
nals. 

906. May appoint a deputy ; his 

oaths ; evidence of appoint- 
ment, &c. 

907. Office days and hours ; duties, 

&c. 

908. Clerical regulations of office ; 

cases for papers ; seal ; 
record books. 



Sec. 



909. 



910. 



911. 
912. 



913. 



914. 



To have charge of court 
house ; regulations concern- 
ing ; penalty. 

How papers of office to be 
filed, arranged and endorsed. 

Books to be used by Clerk. 

Size of books required to be 
kept by Clerk. 

To read minutes to Judge be- 
fore adjournment daily. 

Books and records not to be 
removed from office ; parties 
and attorneys may inspect, 
&c. 



534 



CIVIL CODE 



A. D. 1902. 



Sec. Sec. 

915. May administer oaths, &c., ! 929. 

sign orders of reference, 1 

grant orders in partition 930. 

and dower ; when. 

916. May act as attorneys ; excep- 931. 

tion. 

917. Not to act as Sheriff or 932. 

Deputy Sheriff ; exception. 

918. To enforce jury laws. 

919. Jurors' and Constables' roll ; 933. 

how made, where entered, 

and to whom transmitted ; 934. 

pay certificates, form of. 

920. To adjourn Court in the ab- 

sence of the Judge. 

921. To issue executions, bench 935. 

warrants, and all other pro- 
cesses ; to sign all judg- 
ments officially. 936. 

922. To witness and approve se- 

curity of costs ; form of. 

923. May grant writs of dedimus 937. 

potestatem; for what pur- 
poses. 

924. Must enter, or permit to be 938. 

entered, satisfaction of 
judgments and mortgages ; 939. 

when. 

925. To act as Judge of Probate 940. 

when the office is vacant. 

926. To act as Sheriff when that 

office is vacant. 941. 

927. To enter renewals and satis- 

factions of execution ; 942. 

where. 

928. To administer oaths to Magis- 

trates and transmit list to 943. 

Secretary of State ; when. 



Duties respecting oaths and 
bond of Constable, &c. 

Accounts against County ; 
how to be rendered. 

Certifies contingent accounts 
of certain officials. 

Certificate to County Com- 
missioners as to liens of 
record ; when to be given. 

To keep standard weights and 
measures ; how procured. 

To make annual return to 
County Commissioners as to 
fines and forfeitures ; pen- 
alty, &c. 

Responsible for office books, 
papers and furniture ; to 
turn over to successor, &c. 

Fines, penalties, and taxes 
from shows, to be paid to 
Treasurer ; informers, &e. 

To report monthly to Auditor 
and Treasurer as to fines, 
&c., collected. 

Penalty for not paying over 
funds. 

Penalty for not paying over 
fines, &c. 

To report to Court at each 
session as to fuijds in hand, 
vouchers, &c. 

Bill of costs to be attached 
to executions. 

To mark records of mort- 
gages foreclosed in Court, 
satisfied. 

Form of endorsement to be 
made on the record. 



Election of. 

1882, XVII., 
1124; Con. 
v., 27; 1897, 
XXIL, 591. 



Is Clerk of 
Courts of Ses- 
sions and Com- 
mon Pleas, 
&c. ; vacancies; 
how filled. 

G. S. 759; 
R. S. 775; 
1882, XVII., 
1125, § 75 ; 
1884, XVIII., 
744- 



Section 902. There shall be an election for Clerk of the Court 
of Common Pleas in each County by the qualified voters thereof 
at each alternate general election, reckoning from the election 
in the year 1888, except in the Counties of Berkeley and Chero- 
kee, where the reckoning shall be from the election in the 
year 1890. 

Reister v. Hemphill, 2 S. C, 325; Wright v. Charles, 4 S. C, 178; McCoy v. 
Curtis, 14 S. C, 371; Williams v. Ostendorff, MS. Dec, 1877; State v. Sims, 18 
S. C, 462. 

Sec. 903. The Clerk elected in each County shall be Clerk of 
the Courts of General Sessions and Common Pleas, and of all 
other Courts of record therein, except the Court of Probate. 
In the event of any vacancy in the office the Governor shall 
have full power to fill the same by appointment, as provided in 
Section 254. Until such vacancy be filled by appointment or 
election, the Judge of Probate of the County shall take charge 



OF SOUTH CAROLINA. 335 

A. D. 1902. 

of the office, discharge the duties and receive the fees thereof, ^■^~^- ' 
and be subject to all its liabilities as provided by law. how^fifiecf"^^' 

State V. Harmon, Cheves, 265; State v. Coleman, 54 S. C, 282; 32 S. E., 406. "T~ ~r~~~ 

1882, XVII., 

Sec. 904. Before receiving their commissions they shall enter 1884,^ xviii.', 
into bond, to be approved and recorded and filed, as prescribed ^'^'^" 
in Chapter XVIII., Article i, in the penal sums following : penafty of?*^ ^' 
The bond of the Clerk for Charleston County, twenty thousand 1868, xiv., 
dollars; for Abbeville and Horry Counties, six thousand dol-xxir.^ 6^93 ;' 
lars ; for Edgefield County, five thousand dollars ; and for each 308°' 
of the other Counties, ten thousand dollars. 

Treasurers v. Ross, 4 McC, 273; Treasurers v. Lang, 2 Bail., 430; State v. 
Moses, 18 S. C, 372; Chester v. Hemphill, 29 S. C, 584; 8 S. E., 195; State v. 
Lake, 30 S. C, 43; 8 S. E., 322; Strain v. Babb, 30 S. C, 342; 9 S. E., 271. 

Sec. 905. The Clerk before entering on the duties of his commission to 
office shall, in addition to the oath of office prescribed by the entered in 

Constitution, take the several oaths required of such officer by ""'""^ i, 

Sections 582 and 583. Said oaths must be endorsed upon thcR. 's. ' 777; 
commission, subscribed by the officer and attested by a Magis- Islg, xi'.', %\ 
trate or Notary Public of the County for which the said Clerk 502°' 
shall have been elected or appointed. At the opening of the 
first term of the Court which may be held thereafter the Clerk 
shall produce his commission, with the endorsements aforesaid, 
and after the same has been read in open Court shall make a 
fair entry thereof in the journals of the Court. 

Sec. 906. The Clerk may appoint a deputy, to be approved by May appoint 
the Court of Common Pleas, a record of whose appointment oathsf evidence 
shall be made in the Clerk's office. Before entering on the &c^^^°''^ ""^^ ' 
duties of his appointment such deputy must take the oath pre- g. s. 723; 
scribed by the Constitution and the oath with respect to duel-i^ '778t'''code 
ling ; and when so qualified the deputy may do and perform any xiv'., ^li\, ^§§ 
and all of the duties appertaining to the office of his principal. ^' ^' 
Such appointment shall be evidenced by a certificate thereof, 
signed by the Clerk, and shall continue during his pleasure. 
He may take such bond and security from his deputy as he 
shall deem necessary to secure the faithful discharge of the 
duties of the appointment, but shall in all cases be answerable 
for the neglect of duty or misconduct in office of his deputy. 

State V. Hopkins, 15 S. C, 156; King v. Belcher, 30 S. C, 381; 9 S. E., 359; 
Miller v. George, 30 S. C, 527; 9 S. E., 659. 

Sec. 907. Every Clerk shall, except on public holidays, %'^'^^ ^^thlJs^lt 

constant attendance, either personally or by deputy, in his office, ^^^^' ^'^- 

which shall be kept in a room provided for that purpose in the ^ ^-g^- ^^s; 
court house. He shall discharge all the duties required by ^^39, xl, ioo, 
law, or the rules of Court, from time to time, or that may be 



33^ CIVIL CODE 

A. D. 1902. 



incident to the office. He shall make a full, fair and correct 
entry and record of the proceedings of the Courts and other 
matters pertaining to his office in the various books required to 
be kept, conforming to the mode prescribed by law, order of 
the Court or usage of the office. He shall file in their proper 
order or original papers in causes instituted or other author- 
ized proceedings, and preserve with care all papers, books and 
furniture pertaining to or connected with his office. 

As to record of proceedings. — Williams v. Jones, 2 Hill, 555; Brown v. Coward, 
3 Hill, 4; Jones v. Stiefer, i Speer, 15; Schoonmaker v. Lloyd, 9 Rich., 173. 



Clerical reg 



uiations of of: Scc. 908. The office of every Clerk shall be furnished with 
papersrs^e a°^ Suitable cases, with proper partitions, for filing papers, under 
record books .^ appropriate labels, well secured from dust by means of shut- 
R. s'. rso-jib'] ters filled with glass, to slide on rollers, with labels painted on 
^^' the outside, indicating the kind of records ; and on the case, 

inside, label the number roll (or if in Sessions the term) of the 
papers contained within each partition. The lower part of the 
cases shall be divided into convenient apartments for the books 
of the office, with doors secured with proper fastenings, with 
labels painted outside indicating the particular descriptions of 
records contained in each division, that is to say : "Journals," 
"Dockets," "Records After Judgment," "Miscellaneous Re- 
cords" and "Register's Department." Each office shall be 
furnished with a seal of office, with a proper device, a screw, 
and such blank books for the various records as may be needed 
char^e^ of ^the ^^0"^ ^^"^^ ^o time, to be procured by the Clerk, and the expenses 
penalty '^Tcfr thereof defrayed by the County Board of Commissioners, 
arnight. °^^'' S^^- ^09- Every Clerk shall have charge of the court house 
G s 730^ within his County ; open the same, when required for public 
1839 XI 'loV ^^^' ^^^ ^t ^^^ other times keep it closed ; and for every night 
§^- any court house shall be kept open, the Clerk shall be liable to 

ginlf palfer°of ^ penalty of five dollars, for the use of the County, to be recov- 
ranf'of ^ori: ered by mdictment. 

t^iTI^ sIssioVs- ^®^' ^^^' "^^^ original papers of record in each cause where- 
of'^other^p^ers ^^ judgment may be signed or confessed, or decree may be 
filing "fa'beisl ^^t^"*^^' ^^^^^ ^c filed, accordiug to the number of enrolment, 
t^o'' '^be^'^'^rdl ^" t^^ book of abstracts of judgments, or of decrees, placing 
MrT; o'r bi^i^s ^^^ t^^ papers in each cause together. Original papers in the 
on Sessfons^pa- Scssious shall bc filed according to the term at which they were 
cutfons°'^ Ort disposcd of, alphabetically arranged for each term, according 
iower^^^li o w t^ defendants' names, all relating to the same cause together. 

^^^^- Other papers required to be returned to, or kept in the office, 

R s' 782-^ib' ^^^^^ ^^ endorsed with the character, date of filing, and num- 
§7. ■ ' ■' 



OF SOUTH CAROLINA. 




ber on file, numbering each kind, from one onward, and keep- 
ing all relating to the same matters together, under the same 
number, and shall be filed according to date and number, in 
appropriate boxes, with suitable labels, put up in packages, 
dated according to the year in which they may be filed ; upon 
the envelope or card there shall be an endorsement of the de- 
scription or kind of papers therein, and reference to number, 
under the following heads : Bonds in Attachment, Bonds of 
Constables, Certificates from Supreme Court, Appeals, Com- 
missions, Inquests by Coroner, Reports, etc., de Lunatic o In- 
quirendo, Naturalization, Venire Facias, Estrays, Dower, Par- 
tition, Escheats, Affidavits, Attachments for Contempt and 
Rules, Sessions papers disposed of, to be transferred after 
judgment, where the same may be authorized. The following 
endorsement shall be made upon the record where the proceed- 
ings warrant it, viz. : On the Judgment Roll, the date when 
filed, number on docket, date and amount of judgment in fig- 
ures, amount of taxed costs, judgment when signed, execution, 
date of issuing, and at the top, at some conspicuous place, the 
number roll. On Bills of Indictment, date and character of 
finding by Grand Jury, number on docket, arraignment, verdict 
or other disposition, and date, amount of taxed costs, execution, 
date of issuing, and kind. On all papers returned by Magis- 
trates in the Sessions shall be endorsed their character, and date 
of filing. On every execution, before leaving the Clerk's office, 
shall be endorsed, near the top, the number roll, or, if in the 
Sessions, the term under which the case is filed, and in all 
instances, when an execution is returned for renewal, the fact 
and date of such renewal shall be endorsed on the execution so 
returned, and on the renewed execution shall be endorsed the 
date when first execution was lodged in Sheriff's office. All 
original papers in dower, partition of real estate, and inquisi- 
tions, shall be filed according to number roll, the papers per- 
taining to each case being placed together, and the number 
roll plainly endorsed on the envelope, or outside paper, and also 
the book and page of record. 

Sec. 911. The books to be used by the several Clerks shall Books to be 
be well bound and of good materials, as follows : — — \ — ^— 

I. "Court of Common Pleas Journal." — Which shall con- r. 's. ' liy, 
tain a full account of the proceedings of Court, from the open- §8.^^' 
ing to the adjournment, excluding motions refused. A shorts ^- Court of 

° J ' o Common Pleas 

statement of each case called, and manner of disposition, andJ^°^rnai. 
every order of reference, each under a general order, as far as 



22. C 




CIVIL CODE 



may be ; record of the names of the jurors composing each jury; 
and all changes therein, and designating the jury who may try 
each cause under the title thereof, together with an exact copy of 
their verdict; and whether upon trial before Jury or Judge, or 
by default, and if in default, whether in proof or reference, 
and all assessments, each in words at length, and not in figures ; 
awards confirmed; confessions of judgment during Court; final 
judgment; copies of all orders passed, or motions granted, and 
other matters specially ordered by the Court to be entered. 

General°"s e°s^ ^- "CoURT OF GeXERAL SESSIONS JOURNAL." To be kept in 

sions Journal, g^ separate volume, after like manner, as far as may be, and 
^H%' r ■^^■' including the finding of the Grand Juries on bills given out, 

102, §8, H 2. O t5 J & ' 

with their other presentments, and sentences of the Court on 
parties convicted; orders of estreat; fines imposed, and other 
matters specially ordered for entry by the Court. 

3- Indexes to o, "INDEXES TO THE RESPECTIVE JOURNALS OF THE COMMON 
J o u r n als of *-' •' 

Common Pleas Pleas AND GENERAL SESSIONS.'''' — To be alphabeticallv ar- 

a n d General _ ^ 

Sessions. ranged at the end of each volume, which Index shall always 

i8so, XII., -be brought up by the first day of each succeeding term. 

4. "Rules." — In which shall be entered everv case, on filing 
4. Rules. ^ , ' . ,^ . 
IT- — the complaint, showing, m separate columns, names of Parties, 

103, §8, 11 3-" Plaintiff's Attorney, Defendant's Attorney, date of filing Com- 
plaint, date of Answer, Demurrer, etc., Replication, and date of 
order for Judgment, 
s. Calendars; :r, "CALENDARS." — For Civil Causes, Sessions, and Contin- 

entnes m made ^ . _. 

by Clerk; Ses- g-ent, to be kept in separate volumes, for the use of the Court; 

sions Calendar, o ' r r i i j i_ 

to contain gnd a Bar Calendar in a single volume, to be made on and be- 

what; Contm- '^ ^ i i 

gent Calendar, fore the meetingf of the Court, and the Calendars to be kept up 

to contain = ... 

what. as the pleadings are made up, or cases occur during the term, 

lb., n 4- for both the Court and the Bar. No cause shall be entered on 
the Calendar, except by the Clerk, or his deputy, nor by him, 
until the pleadings are made up. The Calendars for the Court 
shall be regularly preserved as a record of the Court, and shall 
show, in separate columns, the number of cause, number of 
term, names of parties, cause of action. Plaintiff's Attorney, 
Defendant's Attorney, (and, in the Sessions, Prosecutor's 
name,) Order of the last Court, and place for the event of 
suit, to be entered by the Judge. 

The Sessions Calendar shall contain, separately arranged, 
cases of the previous term, under the title "Traverses," and 
cases under the present term, under the title "Calendar." 

The Contingent Calendar shall contain, in the Sessions, all 
the Rules, Bills found in which Defendants have not been ar- 



OF SOUTH CAROLINA. 




rested, and cases struck off, but in which nol. pros, has not been 
entered, to be called on motion of the Solicitor. 

6. "Abstracts of Judgments." — In which shall be entered ^^ judgments- 
each case wherein judgment may be signed, including each case ^'^^'^ contains. 



in dower, partition, and escheat, after judgment or final order, 103, fs, ^5. 
with separate columns, showing number of Enrolment, names ^""^^^^ °^rg^''^§ 
of parties, cause of Action, Attorney, date of Judgment, amount ^^9. 288, 303. 
of Judgment, time of bearing interest, how Judgment obtained, 399. 400, 401. 
Costs, (separating Attorney, Clerk, Sheriff, Witnesses, and 
Total,) kind of Execution, date of Issuing, Sheriff's Return, 
when Renewed, and Satisfaction, together with an Index, by 
the names of Defendants, and a cross Index by the names of 
Plaintiffs, each alphabetically arranged, and kept in separate 
volumes, with the number of enrolment of Judgment. 

Ostendorff v. County Commissioners, 14 S. C, 403- The entry on this book is 
the judgment record. Harrison v. Manufacturing Co., 10 S. C, 278; ex parte 
Graham, Plyler v. Robertson, 54 S. C, 116; 32 S. E., 67. 

7. "Sessions Index." — By names of Defendants, alphabeti- jj^/g^^"^'""^^ 
cally arranged, together with the offence charged, disposition "jj,_ 104:117. 
of the case, and the term when ended, and number on file. 

8. "Pleadings and Judgments." — In which shall be en- andjulgmems 
tered, at length the Complaint, Answer, and Judgment in each j^^^ ^ g_ " 
cause wherein judgment may have been signed, and also the 
proceedings in Dower, Partition, and Escheat, when the final 

order and judgment of the Court shall have been had, with an 
Index to names of Plaintiffs. 

Hall V. Moreman, 3 McC, 477; Treasurers v. Ross, 4 McC, 273; Brown v. 
Coward, 3 Hill, 3. 

Q. "Confessions of Iudgment before Clerk." — In which . 9. Confes- 

-^ -^ sions of Judg- 

shall be entered such proceedings kept with reference to thement before 

number of enrolment in Book of Abstracts, instead of page, 

together with an Index to this particular volume, in the "a-m^s ^^^ib-^^Kp^g; 

of Defendants. cedure, §§399. 

400, 401. 

A confession of judgment is not void if not entered on this book. — Ex parte 
Graham, Plyler v. Robertson, 54 S. C, 163; 32 S. E., 67. 

10. "Fines and Forfeitures." — In which shall be entered ^^i°- \l^i^^l 

the names of all persons fined by the Court, or whose recog-]^^^^ , 

nizance may be estreated, with separate columns, showing ^^^^-^ ^J^- 
names, cause of fine, when fined, by whom fined, amount of 

fine, to whom due, when collected, by whom collected, why not 
collected, when paid over, and to whom. 

11. "Magistrates' and Constables' Roll." — In which^^Jg^-^^^^f J^^ 
shall be entered the name of each Magistrate and Constable, on rX^^^""' 
taking the oaths of office, representing, in separate columns, the j^^ ^ jj_ 




CIVIL CODE 



names, date of qualification, office, expiration of term, a genuine 
signature, and, in the case of a Constable, the names of the sure- 
ties to his bond, with an Index of each name, alphabetically 
arranged. 

12. Estrays. j2. "EsTRAYS/' — In which book shall be entered, in separate 
1839, XI., columns, date of entry, kind of entry, description by appraisers, 
and their names, name of the Alagistrate, appraiser's valuation, 
by whom taken up, when sold, and disposition of proceeds. 

13 Book of j.,_ "Book of Orders appoixtixg Receivers of Judgmext 

Orders ap- ^ -^ 

pointing R e- DeBTORS/' 
ceivers ot 

Lebtor°s™^^^ 14. "jMiscELLAX'EGus Ix'DEx/' — In which shall be entered, 
Code of Pro- alphabetically, the names of all aliens who have taken any step 
cedure, §324- towards naturalization; all persons concerning whom proceed- 
laneous ^idex' ^^S^ ^^ luuatico inquirendo may be instituted ; names of aliens 
°^h^^^haie^^\l- ^^^^^^^^^^*^ '" certificates and papers concerning corporations, 
ward ^naturaii- ^^^ ^^^ matters required by law to be recorded and not other- 
c^o n'c e^r nin'^ ^^^^^ providcd f Or, referring to papers on file by number and 

whom pro- IoKpI 
cee dings de ^^°^^- 

lunatico inqid- j- ''^ Record Book OF Pardoxs/' — In which he shall re- 

renao may be -J 

aliens ^ natur^ai- ^^'^^ ^hc namcs of pcrsous pardoncd in his County, arranged 
tflcates'^'^ Ic^' alphabetically, the offenses for which they were convicted, the 
poration°^&/' *^^^^ ^^ couviction and the date of pardon. 

to be entered ggg_ gj^g. The preceding books, required to be furnished and 

^^7^ ^ kept by the Clerk, shall be of the following sizes, respectively : 

104,^14- I. Court of Common Pleas Journal, General Sessions Jour- 

Pardons. ^^\^ Rules, Fines and Forfeitures, and Estrays, each of the 

^^1^896, xxiL, gJ2e denominated "Demi ;" the Journals containing not less than 

Size of books ^^^ quircs cach, and the other books not less than three quires 

required to be oo^l-i 

kept. eacn. 

Q ^ TTTT 2. Calendars, Sessions Index, Confessions of Judgment before 

f^.p-gg^4; lb.. Clerk, Magistrates' and Constables' Roll, Book of Orders 
appointing Receivers of Judgment Debtors, and Miscellaneous 
Index, each of the size denominated "Broad Cap," the first 
named containing not less than two quires, and the remaining 
books not less than four quires each. 

3. Pleadings and Judgments, in a volume not less than the 
size denominated "^Medium," containing not less than six 
quires. 

4. Abstract of Judgments, of the size denominated "Super 
Royal," containing not less than four quires. 

5. Indexes to preceding volumes, of the size denominated 
"Long Demi," containing not less than six quires. 



OF SOUTH CAROLINA. 




Sec. 913. To prevent false and erroneous entries in the Jour- 
nals of the Courts of Common Pleas, it shall be the duty of the J° read Min- 

' •' utes to Judge 

Clerks of the said Courts, respectively, on each day previous to ^^g^o^^l^o"""^- 

the adjournment of the Court, to read over to the Judge who — ^~^ : 

may preside the minutes or entries which shall have been made f- f- ^ff' 
during the day in the said journal. ' ^^9, §i. 

Error in form of verdict corrected before recording. — Devore v. Geiger, 41 S. C, 
138; 19 S. E., 288. 

Sec. 914. The Clerk shall not in any case permit either the records ^ n^ot 
books or records to be removed from his office, though it shall f°r o m'^Tffi'cet 
be his duty at all times to permit either party to a suit, or his atYo'^raeys ^may 
agent or attorney, to inspect or copy, during the pendency of '"^^^'^^' 



suit, any papers pertaining thereto, without charge, or to fur-R. 's./ 786 1 
nish on application certified copies thereof on payment of fees §9.^^' " ^°^' 
per copy sheet. 

Steinberger v. McSween, 14 S. C, 35. 

Sec. 915. Clerks may administer oaths, take depositions and . May admjn- 

•^ -^ ister oaths, &c. 

affidavits, and also renunciations of dower. The Clerk of any sign orders of 

.. -^reference, 

County m which the office of Master does not exist may, by grant orders 

•^ -^ i n partition 

consent of parties, sign orders of reference in vacation; andand dower; 

'=' when. 

shall also have power, upon proper proceedings filed, to grant — - — r -7 

orders for the partition of real or personal estate and for the ad- R-^s 787; ib.] 
measurement of dower, in cases where the right of partition or xix., 835- 
dower is not contested, or the same has been ascertained by a 
decree of the Court. All proceedings under such orders shall 
be filed at the next succeeding term of the Court for the adjudi- 
cation of the Presiding Judge, until which adjudication all 
equities of the parties shall be reserved. 

Sec. 916. Thev shall have the privilege of acting as attorneys May act as 

, , , ^ . attorneys, ex- 

and solicitors in all the Courts in the State, except in the Courts ception^ 



of their respective Counties, provided they shall have complied g. s. 737; 
with the requirements of law regulating the admission of per- 1871. xiv., 
sons to practice as attornevs, solicitors and counsellors in the 

•^ - i\ot to act 

Courts of this State. " Sheriff or 

Deputy bher- 

Sec. 917. They shall not act as Sheriffs or Deputy Sheriffs, 'ft"; exception. 

except as provided by Section 926. g. s. 738; 

Sec. 918. It shall be the duty of the Clerk, diligently and?839> xi., 112I 

§32. 

uprightly, to put in execution the laws of force directing the „ 
drawing, balloting, empanelling, and summoning of jurors, so J^ry laws. 
far as his cooperation may be required. g. _s. 739; 

Sec. 919. Immediately after the adjournment of any Court^ps, §10; 1869', 

. ' XIV., 236, §7; 

of Common Pleas and General Sessions, the Clerk thereof shall iS/i, x i v., 

690. 

make out a roll of the grand jurors and petit jurors and con- 



342 CIVIL CODE 

A. D. 1902. 



''^' stables who shall have attended the same, exhibiting the name, 

of Jurors and time of service, and amount due each juror and constable, and 
showing t h e the term at which the service was performed, and shall enter the 
each, &c., copy samc ou the journals of the court of the term when such service 
e'd c o u'^n't y shall be performed, and shall forthwith transmit to the County 

Commissioners, ^ .. r .^ r^ , .-/-i r i n i 

to furnish cer- Commissioucrs ot the County a certined copy of such roll, and 
rors^ and °Con- shall fumish cach juror and constable with a certificate, in the 

stables; form r 11 • r 

of certificate; follOWmg form: 

certificates touo o r^ 

be signed by StATE OF bOUTH CAROLINA : 

Sheriff m h°is "I, A B, Clerk of the Court of Common Pleas and General 

^-i^^^ff^ Sessions for County, in the said State, do certify 

loe' §14. ' that attended as a juror, (or actually served 

as a Constable, as the case may be,) for said County 

41I. ^ ' " days at Term, A. D , and is entitled to 

receive for the same dollars and .... cents ;" which 

certificate shall be signed by the Clerk of the Court, who shall 
issue the same, and be countersigned by the Presiding Jtidge; 
or, in any case where a Judge may not be present during the 
term, the certificate shall be countersigned by the Sheriff of the 
county; and, in addition to what is above described, shall set 
forth such absence of the Judge ; and all certificates so issued 
and executed shall be valid. 
To adjourn Scc. 920. Whenever it shall so happen that any Circuit Court 
absence of the in this State cauuot be held at the time appointed, in cons'e- 

" ^^" . quence of the absence or indisposition of the Judge, it shall be 

R. 'Sj^ ' 792; the duty of the Clerk of such Court, or his deputy, to open and 

§13?*' " ^° ' adjourn the same from day to day, until the Court shall meet, 

or until he may receive due notice that the Judge will not be 

present, when he shall adjourn the same until the first day of 

the succeeding term. 

To issue ex- gcc. 921. It shall be the duty of the said Clerk to issue every 

ecutions, bench -^ _ _ "^ 

warrants, and exccutiou, bcuch warrant, or other process, issuable, or directed 

all other pro- ' y r ' ' 

cesses; to sign to bc issucd, by the Courts of Sessions, in the name of the 

all judgments -^ 

officially. Attorney General or Solicitor of the Circuit, and also to issue 

G. s. 743; all rules and notices ordered in the Common Pleas, and test, in 

R. S. 793; lb., 

107, §16. his own name, under the seal of the Court, all writs and pro- 
cesses issued either in the Common Pleas or Sessions, and to 
sign officially all judgments, and state the time when each is 
signed and entered. 

As to testing writs. — Miller v. Hall, i Speer, i; Smith v. Affanassieffe, 2 Rich., 
334; State V. Thayer, 4 Strob., 286. 

Sec. 922. Whenever security for costs may be ordered to 



OF SOUTH CAROLINA. 343 

A. D. 1902. 



be given, or may be tendered, by any plaintiff, in vacation or '' 1 ' 

in term time, the Clerk shall witness the signature of the surety, and°approve 
and shall, in the first instance, judge of the sufficiency of the ^^^^gV^ornf 0/ 
security ; the form of the undertaking to be according to law, ' ^ ^ ~~ 
or the rule of the Court on that subject if there be no law. ^- ^■J?,'*'' ^^■' 

■> no, 822. 

Money deposited, compliance with order. — Fenet v. Wilson, 3 Hill, 340. Note 
of plaintiff's attorney, not. — Bomar v. R. R. Co., 30 S. C, 450; 9 S. E., 512. Clerk 
must witness and approve security.- — Furman v. Harman, 2 McC, 442; Boyd v. 
Graham, 2 Hill, 558; Cummings v. Wingo, 31 S. C, 427; 10 S. E., 107; McCarley 
V. Turner, 33 S. C, 161; 11 S. E., 645. As to form and place of signature of the 
Clerk as witness. See Garrett v. Niel, 49 S. C, 560; 27 S. E., 512. Form of un- 
dertaking prescribed. — Boyd v. Graham, 2 Hill, 558; Rule of Practice Circuit 
Court, No. 10. 

Sec. 923. The Clerk, as to lands within his County, and May grant 

. I- 1 T-. • writs of dedi- 

deeds to be recorded m his office or m the office of the Regis- ?»m.j potesta- 

r-a/r /-^ r t • /-^ • i-i tem; for what; 

ter of Mesne Conveyances of his County, is authorized to grant purposes, 
writs of dedimus potestatem, directed to two or more Commis- g. s. 744; 

, . . . p 1 . . . R. S. 795 ; Ih., 

sioners for taking renunciations of dower, or taking probate o± i?^ 33; 1878, 
the execution of all deeds under seal, where the persons to make ' 
such renunciations, or prove such deeds, reside without the 
limits of this State. 

Sec. 924. It shall be the duty of the Clerk, or of the "Register ^^ ^u^^t^enter, 
of Mesne Conveyances, as the case may be, in whose office any •'g^f^^tjon^'^' ^l^\ 
judgment or mortgage may be of record, on the receipt of the J^'^'^^sments ami 

fees, to permit any judgment creditor, or his or her attorney, ^'■''^^"- . 

or any mortgagee, as the case may be, to enter satisfaction ^ ^-g^- 796; 
thereof ; or if any Judge shall order satisfaqtion to be entered ^^39, xi., 109, 
thereof, to enter of record satisfaction accordingly. 

Waring v. Miller Batting Co., 36 S. C, 310; 15 S. E., 132. For power of Clerk 
to appoint guardians ad litem, under Act 1898, XXII., 688, see Code Civil Pro- 
cedure, Sec. 136. 

Sec. 925. In case of any vacancy in the office of Judge of judge of'^Pro^ 
Probate, the Clerk of the County shall take charge of said office, oiice is vacant! 
and all papers therein, and discharge the same duties, receive g. S. 746; 
the same fees, and be subject to the same liabilities, as by law 113, 'iH'!' " 
provided for a Judge of Probate, until a Judge of Probate shall 
be appointed by the Governor or elected and commissioned for 
such County. 

Sec. 926. In case of vacancy in the office of Sheriff, the Clerk sheriff ^'^when 
of the County shall take possession of the jail of such County, vacant? ^"^^ 



-. •-- 747; 

R. S. 798; Ih., 



and charge of the prisoners confined therein, and also posses- g. s 
sion of the Sheriff's office and the papers therein, until the Coro- 1884,' xviii!^ 
Sheriff shall be appointed by the Governor or elected and com- '^^'^ 
missioned for such County. 



344 CIVIL CODE 

A. D. 1902. 



. ' Sec. 927. Whenever any execution shall be returned for re- 
newal and" sat- newal, or as satisfied, by any Sheriff, the Clerk shall enter such 
e X e'c u^ionsf ^^"^w^l °^ Satisfaction in the appropriate column of the ab- 

'^^^'"^- stract book, and in case of satisfaction shall enter the same on 

R. s'. ^99-/ib.', ^^^ original record; and it shall not be lawful for the Clerk to 
109, §19- affix the seal of the Court to any renewed execution unless the 
one previously issued shall have been delivered to him, or unless 
authorized by a Judge's order. 

Clerk is not presumed to have violated the law in renewing execution from his 
omission to so enter renewal and in absence of proof of return of previous one to 
him; he is rather presumed to have done his duty. — Douglass v. Owens, 5 Rich., 534. 

jg To^admini^s^ Sec. 928. The Clerk shall administer the oaths of office re- ' 
^d ^ 't^an'^fmit '^^^^^^ ^o be taken by Magistrates appointed within his County, 
rifary^of "state'';' °" ^^^^^ application, within ninety days after such appointment ; 

^"^^"^ ^and on the first day of November, annually, he shall transmit 

R s' io'o-^ib'^ ^^^^ °^ ^^^ names of Magistrates who have qualified during 
112, §30. ' the preceding year to the office of the Secretary of State at 

Columbia, 
spe^tln^ oaths ^®°" ^^^' ^^^ Clerk shall administer the oaths of office re- 
Coistabie'^ &c^ quired by law to be taken by a Constable, on his entering into 

— ^— ^ ^bond, as prescribed, of the sufficiency of the surety to which 

R.^s. 801; lb.', the said Clerk shall judge, to be filed in the office of Clerk. The 
Constable shall furnish a genuine signature of his name in the 
book prescribed, whereupon the Clerk shall furnish an official 
certificate of such qualification. When any Constable sum- 
moned in writing by the Sheriff to attend Court shall fail to 
appear, according to the summons, such default shall be noted 
by the Clerk, and such other proceedings had as in cases of 
jurors in default, or as the Court may order. 
Accounts Sec. 930. In all cases the Clerk shall render his account 

against Coun- . 

ty; how to be against the County for fees in State cases under oath, to be 

rendered. 



^ ^ taken and subscribed before the Judge, Magistrate or other 

G. S. 752; , J o ' o 

R. s. 802; lb., officer authorized to administer an oath, in which the nature of 

113, §3s; 1869, 

XIV., 274 §2; the services shall be fully set forth, and, if in the Sessions, the 
1875, XV., -^ . 

992; 1879. name of the party, offence and termination thereof. He shall 
XVII., 175. '^ -^ 

not be entitled to receive any fees from the County in any case 
where the defendant is convicted, unless he make oath that the 
costs in such case have not been recovered out of the defend- 
ant and that he is unable to pay costs. And he must, in all 
cases, further make oath that all fines and penalties theretofore 
collected by him have been faithfully and fully paid over to the 
County Treasurer. 

Sec. 931. In all cases where any Sheriff, Coroner, Magis- 



OF SOUTH CAROLINA. 




trate or Constable, shall be required to obtain the official certifi- 
cate of any Clerk to his contingent account, specifying any ^jg^J'g^'^^o'^^ij'g 
matters required by law to be certified, the Clerk shall furnish t^^offictrsTy 

such certificates, according to the facts, upon application and ^^^'"^- 

payment of fees. r. ^'s.^' 803; 

Sec. 932. It shall be the duty of the Clerk to furnish, free of ||39, xi., 113'. 
charge, to the County Commissioners, when required, an official ^^ furnish 
certificate of all liens that may be of record in his office, on ff/j^g^^^j^® p^op! 
the property of any individual who may be offered as surety to ^^J^ offere^^as 
the bond of any public officer, whether by judgment, mortgage, ^^^j^^^ "^J p°b^ 
or otherwise. ""^ °^''^'^- 

Sec. 933. The Clerk of the Court of Common Pleas and Gen- ^ ^"s.^- ^^4; 
eral Sessions of each County in this State shall furnish, and isgj^f' ^^■' "^' 
required to keep in his office, the weights and measures estab- rj, ^ keep 
lished by law, which shall be the standards of all other weights ^'i^^'^l^^/gg.^^.e 
and measures in said County, and to which any person shall ^^j.^,|gg^° ^y 
have free access to test the same; and the Governor of the ^^^ Governor. 
State is authorized and required to purchase such standard j^^- s^- ^^s; 
weights and measures out of the fines and forfeitures incurred i^g'^g'of^'xiL,' 
in the respective Counties where such weights and measures are ^°°' ^^• 
to be kept. 

Sec. 934. It shall be the duty of the Clerk to return to the ^^ff^^^^J^^: 
County Commissioners, on or before the last day of October in c°o mVfssion- 
every year, an account, upon oath, in duplicate, of all fines and SQ^j.^j^ggjP^"f ^^^ 
forfeitures inflicted in their respective Courts during the pre- ^ g_ ^^g. 
ceding year, and of the amounts had and received by them, andfg^^ \^ ^°o| 
of the manner in which said fines were disposed of, under pen- ^^^7; 1^81^9. vi., 
alty of two hundred dollars, to be recovered against any Clerk 
for default herein by action. And it shall be the duty of the 
County Commissioners to request the Attorney General or So- 
licitors, as the case may be, to sue for and recover the said sum 
of every Clerk that may fail to render such account. 

Sec. 935. Every Clerk shall be held responsible for the books, f^/^Tture 
papers, and furniture in his office; and upon his retiring fromf^fg'^j,gf^P^.''^pgJ^*^ 
office, or death, he or his representatives shall be bound to fl^y^^f^°^-^^J'°^ 
transfer all such books, papers and furniture to his successor, |vs^jgS'J^^e^s°j^: 
immediately after such successor shall have entered upon the ^°^^ ^° ^^™^- 
duties of his office. Before surrendering such books, papers, j^ *^-g^- ^s^; 
and furniture, the Clerk so retiring from office, or his repre- 1^39, XL, 114, 
sensative, shall be entitled to require from such successor, 
(who, under like penalty, shall be bound to execute the same,) 
a receipt in writing therefor, which shall specify the number. 



346 CIVIL CODE 

A. D. 1902. 



^--'^v^*-' title, and condition of every book, the number of records, as 
appears by the enrollment, and such other classification as it 
may be convenient to adopt from the arrangement of the office, 
all the packages of papers in office, and the description and 
condition of each article of furniture; a duplicate of which 
receipt shall also be given, and shall, by the Clerk so retiring 
from office, or his representatives, be filed in the office of the 
County Commissioners for the County ; and every Clerk, having 
retired from office, or his representatives, shall be liable to an 
action, in the name of the County, for damages for any books, 
papers, and furniture, which shall be proven to have been in 
his possession, and shall not appear, by such receipt, to have 
been transferred to his successors, or, having been so trans- 
ferred, shall appear to have been, through neglect, injured dur- 
ing his continuance in office. 

Fines, &c., Sec. 936. All fines and penalties imposed and collected bv the 

to be turned ' '^ '^ 

over forthwith; Circuit Court of General Sessions in criminal causes shall be 

to pay over 

annually taxes forthwith tumcd ovcr bv the Clerk of said Court to the County 

received from 

plays and Treasurer of the Countv Avherein the same are imposed : Pro- 
shows. - ... 
— - — 7 --vided, That when, bv law, anv person is entitled, as informer, 

^o ^-^ T^?-' to anv portion of the fine or penaltv imposed and collected, the 
1871, XIV., - -^ . ' . 

655, §1; 1813, same shall be immediatelv paid over to him. Thev shall also 
v., 711, §35; ' ^ . 

1843, XI., 246, pav, monthlv, to the Countv Treasurers of their respective 

§3; i87S> XV., -t^ - ^ - ' ' -^ 

84s. Counties, for the use of the State, all such moneys as may have 

come into their hands as taxes from persons representing, pub- 
licly, plays and shows within the limits of their said Counties. 
To report to gee. 937. Evcrv Clerk of the Court is required on the first Wed- 

Auditor and ■' ^ 

Treasurer. ncsday in cach month, or within lo days thereafter, to make, m 
T, ^- c^- ^59' writing, to the Auditor and Treasurer of his Countv, a full and 

R. S. 8oq; ° ^ . 

1878, X V I., accurate statement of all moneys collected on account of licenses, 
fines, penalties and forfeitures during the past month. 
Penalty for Scc. 938. If anv Clerk shall fail to pav over anv monevs 

not paj'ing ■' __ '..-' 

over funds, paid to him by order or permission of the Court, within five 

G. S. 760; davs after demand of the person entitled to receive the same, 
R- s. 810; - ^ ., , 

1839, XI., Ill, he shall forfeit and pay five per cent, per month., until the same 

shall be paid over, to be recovered, together with such amount 

received, by action on his official bond, besides being subject 

to rule and attachment as for contempt. 

Fort V. Assman, 38 S. C, 273; 16 S. E., 888. Rule not proper remedy. Smith 
V. Lake, 3 S. C, 341; Remedy: Fowke v. Thompson, 5 Rich. Eq., 491. 

Sec. 939. If any Clerk fail to pay over fines and forfeitures re- 
ceived by him, within five days after demand of the person en- 



OF SOUTH CAROLINA. 




titled to receive the same, he shall forfeit and pay five per cent. 

per month until the same shall be paid over, to be recovered, Penalty for 

■■^ r- ' ' not paying 

together with such amount received, by action on his official ^"'^^ i^"?t ^"^ 

o 'J f o r f e 1 tures. 

bond, besides being- liable to rule and attachment as for con- P.'^'?^i'y ^°^ °°' 

' •= giving noticei 

tempt. If he shall fail to ffive to some member of the Board,*-? County 

'^ o Commissioners. 

of County Commissioners the notice required by law to be ~ ^ ~^, 
given, he shall forfeit and pay double the amount so detained R- S- sn; ib. 
without notice. 

Sec. 940. At each stated session of the Court of Common 
Pleas, the Clerk thereof shall present an account to said Court for'^^oneys^at 
' of all moneys remaining therein, or subject to the order thereof, ^^^^ session. 
stating particularly on account of what cause or causes said^^ ^-g^- l^l'i 
moneys are deposited, which account, and the vouchers thereof, '^^^' xvi.,17, 
shall be filed in Court. 

Sec. 941. In every case in which a Clerk of the Court of 
Common Pleas shall issue an execution, he shall attach thereto ^.^ ^^J^' at^tactfed 
a bill of each item of costs therein charged, and shall, on appli- to executions. 
cation of defendant in execution, tax all costs which accrue tOj^ ^-g^- l^^i 
the Sheriff for services on such execution. g^^7. vi., 336, 

Sec. 942. Upon the confirmation by the Circuit Court of the 
report of the Master or other officer making sale of lands pur- of^°^ortSagel 
suant to decree of foreclosure, it shall be the duty of the Clerk °^_ 'o?dIr ^°of 
of the said Court to enter upon the record of the mortgage so markld^^^sLtis^ 

foreclosed release of lien thereof in the form prescribed in ^^^^- 

Section 943 : Provided, That nothing herein shall be construed ^^^°°' xxiii, 
to satisfy any unpaid portion of the debt secured by said mort- 
gage. 

Sec. 943. That the release of lien entered by the Clerk under 
Section 942 shall be made in writing on the margin of the re- dofs°e™en't^ To 
cord book in which the mortgage to be satisfied is recorded, and Qerk"^"^^ ^^ 
opposite to said mortgage, and shall be in the following form : 

"Lien released by sale under foreclosure the day of .... , 

A. D., 19. .. See judgment role No ;" and signed by the 

Clerk. 

The Clerk shall also discharge the duties hereinafter prescribed in Article V. of 
this chapter for Register of Mesne Conveyance, in all Counties, except Charleston 
and Greenville. 




CIVIL CODE 



ARTICLE V. 



The Register of Mesne Conveyances. 



Sec. 



Sec. 



944. 



945. 



Registers for Charleston and 
Greenville Counties ; how 
elected ; term of office. 

Clerk of Court to perform 
duties of in other Counties. 

946. Official bond and oath of of- 

fice, &c. 

947. Register may appoint deputy. 

948. Prerequisites to recording 

deeds, &c. 



949. 



Conveyances of land not to be 
recorded without Auditor's 
endorsement. 

How instruments to be re- 
corded ; books of record and 
indexes, &c. 

To give certified copies of re- 
cords and certificates as to 
encumbrances, &c., liability 
for incorrectness of. 
952. Auditor to take charge of of- 
fice in case of vacancy. 



950. 



951. 



120, 

X V II 



453 



The Clerk of 
Court in other 



Ch^rKto"a^nd Section 944. The Register of Mesne Conveyances for Charles- 
Countle'^-^ hiw ''^^ County shall be elected by the qualified voters of said Coun- 
of^office * ^ ^^ ^^' ^^ ^^^ general election to be held in the year one thousand 
- — ^ — :^nine hundred and two, and at every alternate general election 
i8 8 ^'xxii' ^^^^^^^^^^' ^^^ shall hold office for four years and until his 
690; i|i2, v^, successor is elected and qualified; and the term of office of the 
"'' ^68^' P^^sent Register of Mesne Conveyances for said County is here- 
XVIII., -by extended until his successor be elected and qualified. The 
- Register of Alesne Conveyances for Greenville County shall be 
elected by the qualified voters of said County at each general 
election, and shall hold office until his successor be elected, com- 
missioned and enter upon the duties of his office. 

See. 945. The office of Register of Mesne Conve3^ance shall 
perform^' t h e ^^^^t Only in the Couutics of Charleston and Greenville ; and in 
pose" on^'such ^^^^J Other Couut}^ in the State, the duties prescribed by this 
Registers. Codc for such officcr, shall be performed by the Clerk of 
1 1^5^^^' §4^4'' ^o^^t' ^'^^'^'^ shall have all the powers and emoluments given the 
^Jg^l-'g. )gy--' Register of Mesne Conveyance in Charleston and Greenville 
fsl^'x^if! Counties. 

^^^' Prior to the Act of 1896, the offices were distinct in these Counties, though the 

duties were performed by the same officer. . Waring v. Miller &c. Co., 36 S. C, 
310; IS S. E., 132. 

and^oiths^°"f S®^- 9^6- The Register of Mesne Conveyances in the Coun- 
office, &c. ■(-jgg Qf Charleston and of Greenville, before entering on the 
ii6^§48- i^/V duties of office, shall give bond, with three good sureties, to be 
fsl'g ^xx' approved by the Coimty Board of Commissioners of said Coun- 
xxi ^8^ ^ ^ ' ^^^^' respectively, and of the form required by law, the Register 
of Charleston County in the sum of five thousand dollars, and 
the Register of Greenville County in the sum of one thousand 



OF SOUTH CAROLINA. 349 

' A. D. 1902. 



dollars, said bonds to be lodged in the office of the State Treas- ^-«*-v-**-^ 
urer ; and shall take the oath of office required by the Constitu- 
tion, and also the additional oath prescribed in Sections 501 and 
502, endorsed and subscribed on his commission, and 
enter the same, with the endorsement, on the records of 
the office ; the said office of the Register for Charleston Coun- 
ty to be in the fire-proof building in the city of Charleston, and 
to be kept open from 9 o'clock A. M. to 6 o'clock P. M. every 
day, except Sundays and public holidays. 

Sec. 947. In Charleston and Greenville Counties the Register ^p^eg^ster^^^y 
of Mesne Conveyances may appoint a deputy in the same man-^- 



ner that Clerks of Court are authorized to do. ii6'^^§46;'^g! 

Sec. 948. Before any deed or other instrument in writing can |- 767; R- s. 
be recorded in this State, the execution thereof shall be first prerequTsUes 
proved by the affidavit of a subscribing witness to said instru- deeds^&c!^'^'"^ 
ment, taken before some officer within this State competent to ^ ^ ^^ 
administer an oath. If the affidavit be taken without the limits ^gg^ ^- xvil' 
of this State, it may be before a Commissioner or Commis-^^s; issg.xx, 
sioners appointed by dedimus issued by the Clerk of the Court 
of Common Pleas of the County in which the instrument is to 
be recorded ; or before a Commissioner of Deeds of this State ; 
or before a Clerk of Court of record, who shall make certificate 
thereof under his official seal ; or before a Notary Public, who 
shall affix thereto his official seal, and shall accompany the same 
with a certificate as to his official character by a Clerk of a Court 
of record of the County in which the affidavit is taken; or be- 
fore a Consul, or a Vice-Consul, or Consular Agent of the 
United States of America. Where the affidavit of a subscribing 
witness cannot be had by reason of the death, insanity or ab- 
sence from the State of such witness, then the instrument may 
be recorded upon proof of such fact, and of the handwriting of 
the parties who signed the instrument, and of the subscribing 
witnesses by proper affidavit — the proof in every case to be re- 
corded with the instrument. 

Registering is not to perfect deed, but to publish it. — Dawson v. Dawson, Rice's 
Eq., 243. Probate of deed executed in the State, before Magistrate in Georgia, not 
valid. — Woolfolk v. Graniteville Man. Co., 22 S. C, 332. Probate need not be 
endorsed on deed nor appear in registry before Act 1839. — Hillegas v. Hartley, i 
Hill Ch., 106. Registry without probate no notice. — Woolfolk v. Graniteville Man. 
Co., 22 S. C, 337. But witness need not sign the affidavit. — Fuller v. Missroom, 
35 S. C, 314; 14 S. E., 714. Mechanic's lien need not be probated. — Murphy v. Valk, 
30 S. C, 262; 9 S. E., loi. Chattel mortgage must have at least one witness, and 
probate, to entitle it to record. — McGowan v. Reid, 27 S. C, 262; 3 S. E., 337. 
Where chattel mortgage is under $100 probating is not a prerequisite to indexing. — 
Milford v. Aiken, 61 S. C, no; 39 S. E., 233. 



350 CIVIL CODE 

A. D. 1902. "~ 

i ' Sec. 949. Before any deed of conveyance of real property 

Endorsement ^^^cn. be placcd on Tccord in the office of the Register of Mesne 

of Auditor re- -t^ o 

cord^fn^hi^s° of- Conveyance or Clerk of Court it must have thereon the en- 
fice, before re- dorsement of the County Auditor that it has been entered of 

coraingby ■> 

Clerk or Reg- record in his office. 

ister. 

— ^^ ^ "^ Sec. 950. The Register of Mesne Conveyances is required to 
1882, X V 1 1., j-gcord, in well bound books, of the size not less than those 

loiS, §232. '_ _ ' 

To record denominated ''Medium," kept for that purpose, in the order of 
marriage set- ^]^g timcs at which they may be broueht to his office, all mar- 

tlements, con- J J a > 

nmfc'iado'ns ^of ^^^§^s Settlements, and all conveyances and mortgages, renun- 
do\ver and in- ciations of dowcr, and other writings concerning the titles to 

hentance, &c. ' o C3 

Their execu- j^nds situatc in his County, which may be lodged with him to 
proved by affi- ^g rccordcd : Provided, That the execution of every such 

davit of _ a ' -' 

subscribmg y^^j-i^ij-ig shall first be proved by affidavit of a subscribing wit- 
to'^be^^ecorded i^^ss, or " Otherwise, as hereinbefore provided. Every such 
one month at- vvritiug shall bc rccordcd within one month after its lodgment, 

ter lodgment. o & ' 

Certificate o f j^^d the recording shall bear even date with the lodgement : on 

Register there- _ => _ . 

on. Two ^n- gvcry such writing shall be endorsed a certificate, to be signed 
gistry Books \^y ^j-^g Register or his deputy, specifying the time when, and 
— - — - — T^ book and page where, it was recorded : in the book, the names 

G. S. 769; -c & ' ^ ' ' 

R- s. 820; of the parties and nature of the writing shall precede the regis- 
§45- try, and after it shall follow the date of the registry and a 

memorandum of the person to whom the original writing has 
been delivered. To the books of the registry, reference shall 
be had by means of two indexes, each of which shall be in a 
separate book of the size denominated ''Long Cap," both con- 
taining the year of registry, names of parties, book, and page; 
. the alphabetical arrangement of one being according to the 
names of the parties who executed the writings, and of the 
other, according to the names of the parties to whom they were 
executed ; each index embracing a number of the volumes of 
registry, not less than ten. 
\2, XVII., Different sets of books shall be provided by the Clerks and 
Registers of Mesne Conveyances of the several Counties for 
the recording of chattel mortgages and mortgages on real 
estate, in one of which sets all chattel mortgages shall be re- 
corded, and in the other set all mortgages on real estate shall 
be recorded. 

The Clerks and Registers of Mesne Conveyances of the sev- 
eral Counties shall provide separate indexes for the different 
sets of books provided for him. 

It shall be a sufficient record of any chattel mortgage, where 



1053 



OF SOUTH CAROLINA. 




the amount secured is not more than one hundred dollars, to 
enter upon an index book to be kept for that purpose by Regis- 
ter of Mesne Conveyances, the names of mortgagor and mort- 
gagee, the amount and character of the debt secured, a brief 
description of chattels pledged, the date of said mortgage and of 
the maturity of said debt, and the date of presentation of such 
mortgage for record ; and the fee to be charged by the Register 
of Mesne Conveyances shall be the same as now provided by 
law for the indexing of liens on crops for advances for agricul- 
tural purposes. 

Chattel mortgages for less than $ioo need not be probated before being indexed. 
Milford V. Aiken, 6i S. C, no; 39 S. E., 233. 

Sec. 951. The Register of Mesne Conveyances, or his deputy, ^j^j^^ c^ptcsTi 
shall be required, on application, to give a certified copy of any Ji^ent'^o£°''f^ees! 
writing recorded in his office, the fees for the same being first To^^Pfy. ^fJ|J; 
paid in advance, if required or tendered, as the case may be; orJ^'^s^^J.^p'^"'"'^^''* 
a certificate that no deed, conveyance, or mortgage, or other certificates. 
transfer of any particular parcel of lands or tenements, by any ^ /^-g^- ll°\ 
particular person, is registered in his office; and if the Register ^^39, xi^.^e, 
or his deputy shall furnish an incorrect transcript of any deed i?l'^ js^;_ =^^43. 
recorded, or an incorrect certificate, he shall forfeit and pay to 
the party the damages that may accrue in consequence thereof. 

Sec. 952. In case of any vacancy in the office of the Register takt'dJarge in 
of Mesne Conveyances in Charleston or Greenville Counties, ^^^^ °* ^^'^^'^' 
the Auditor of the County in which such vacancy shall occur 1893, xxi.,' 
shall take charge of said office and all papers therein, and dis-4o°- 
charge the same duties, receive the same fees or salaries, and g^^^"*'^^' p^^' 
be subject to the same liability as is by law provided for a 
Register of Mesne Conveyances until a Register of Mesne pg^iod. 
Conveyances shall be elected and commissioned for siich 
County. 



ARTICLE VI. 



The Judge of Probate. 



953. Election and term of office. 

954. Vacancies in ; how filled. 
Clerli of Court to act until 

vacancy filled. 

When office of Clerk vacant ; 
Judge of Probate to act 
until vacancy filled. 

Bond and oath of office. 

To make search, furnish 
copies, &c ; fees allowed. 

To keep seal of office ; descrip- 
tion of. 



955. 



956. 



957. 

958. 



959. 



960. Books to be kept. 

961. Manner of filing papers ; in- 

dex to papers to be kept. 

962. Clerk to file account of 

moneys remaining in Court. 

963. May administer oaths, &c. 

964. Responsible for property of 

office ; to transfer to suc- 
cessor and take receipt. 

965. To discharge duties of Master 

in Anderson and Orangeburg 
Counties. 



ZS2 CIVIL CODE 

A. D. 1902. 



"" <• ^ Sec. 953. The Judges of the Probate Court shall be elected 

Elections and ^^ ^^^ qualified clectors of the respective Counties for the term 
term of office, gf fQ^j. ygars. The election for said office shall be held at each 
s^'823-''''con" ^^^^^^^^^ general election, reckoning from the year 1890. 
^8*9 9 ;' XX.! ^®^- ^^^- ^^^ vacancies in the office of Judge of Probat-e shall 
XIV 33!^ ^ ' ^^ filled in the manner prescribed by Article V., Section 11, of 
V a c ancies, ^-^^ Constitution of the State. 

how filled. jf unexpired term exceed one year, the Governor cannot fill vacancy. — Whitmire 

G. S. 772; '^- Langston, ii S. C, 381. 

Con., Art. \^.' Scc. 955. In case of such vacancy the Clerk of the Circuit 

xvir.,^126.^' Court of the County shall take charge of the said office and all 

Clerk of papers therein, and discharge the same duties, receive the same 

until vacancy fscs, and be subjcct to the same liabilities as by law provided 

-^ for a Judge of Probate, until such vacancy shall be filled by ap- 

R 's ' sis' pointment of the Governor, or bv an election, as the case may 

1884, XVIII.' 1 
744- DC. 

of ^ cierk° va^ Sec. 956. In case of any vacancy in the office of the Clerk of 
Prob'ate"to^act the Court of General Sessions and Common Pleas, the Judge 
filled. ^^'^^'°''^^ of Probate of the County shall take charge of said office and 
R. s. 826; all the papers therein, and discharge the same duties, receive 
the same fees, and be subject to the same liabilities, as by law 
provided for such Clerk, until such vacancy be filled by appoint- 
ment of the Governor or by election. 
Bond and Scc. 957. Judgcs of Probate before receiving their commis- 

^ ;- sions shall take the Constitutional oath of office and the several 

19, §1; 1880! additional oaths required of such officers by Sections 582 and 
1875, XVI, 16; i;8'^, and shall enter into bond, conditioned for the faithful dis- 

tRS6 XIX 

711;' 1887, ib.\ charge of the duties of the office, which shall be duly executed. 
XX.,' 720^; approved, certified, recorded and filed, as prescribed in Chap- 
15;' /sgs'iter XVIII, Article I. The bonds of the Judges of Probate for 
Charleston, Spartanburg and York Counties, respectively, shall 
be in the sum of ten thousand dollars ; for Williamsburg Coun- 
ty in the sum of two thousand dollars ; for Horry County, two 
thousand five hundred dollars ; for Edgefield County, three 
thousand dollars, and for all the other Counties, respectively, 
five thousand dollars. They shall qualify within thirty days 
after the election is declared. 
To make Scc. 958. It shall be the dutv of the Judge of Probate, when 

search, furnish - . 

copies, &c. applied to, to search for and examine anv book, record, or paper 

Fees allowed. ,;.,.„ , . . , ' • , 

; belonging to his office, and to furnish any person wanting the 

R. 's. ' 828! same with a copy or copies of any part thereof, or of the whole 

1839, XL, 63, fjt-Jf 

§23- 



OF SOUTH CAROLINA. 




or any part of any proceedings touching any estate or estates in 
his care or custody as Judge of Probate aforesaid, and to cer- 
tify the same ; for which respective services he shall be allowed 
at the rate of nine cents for each copy sheet of ninety words 
the same may contain, and fifty cents for every certificate he 
shall so give. 

Sec. 959. Every Judge of Probate shall keep in his office a ^^^^° Desmp^ 

die, in a circular form, upon the center of which shall be en- ^'°" °^- . 

graved, in capital letters, the word "Seal," and on the circum-j^ g- g^g-Jib!. 

ference, the words, "Judge of Probate's office of County," ^^' ^^s- 

which shall be regarded as the seal of his office, and which he 
shall impress upon all papers issued from his office and affix his 
name to such papers. Books to be 

Sec. 960. Every Judge of Probate shall keep the following ^f£^^ 

books, (to be furnished by the County Commissioners,) eachj^^- g|-^.776; 
to be designated by its label, as follows, that is to say : ^^■^^ 

1st. "Wills," in which he shall enter a copy of all wills ad- '• wnis. 
mitted to probate, together with the probate and certificate 

thereof. ^ ,_ inventor- 

2d. "Inventories, Appraisements, and Sales," in which he j^^^ ^^pp'^^^^^j 
shall enter all such matters as are designated by the title. ^^*^^- 

3d. "Returns," in which he shall enter all of the accounts of Returns 
the receipts and expenditures by executors, administrators, and 
guardians, including the final settlement. 

4th. "Real Estates," in which he shall enter all proceedings ^^^4- Real Es- 
and orders in relation to the sale or division of real estates, 
from the petition to the bond of the purchaser, both inclusive. 

5th. "Letters," in which he shall enter all letters granted, s- Letters, 
whether testamentary, of administration, or of guardianship. 

6th. "Bonds," in which he shall enter bonds of administra- ^- Bonds, 
tors and guardians. 

7th. "Cash Book," in which he shall open and keep a regular casf ^Bo^k °fo 
account with every individual or estate on whose account he l^^l ^"4 'open 
has received any moneys, bonds, notes, stocks, choses in action, *°g^|^^^|"= '''■ 
or other property of any description whatsoever by virtue of his 
office, exhibiting fully everything so received by him, as well 
as all costs and charges against such estate, and disbursements 
in favor of the parties interested therein, or other disposition 
thereof, which book shall remain in his office as a public record, 
and be subject to public inspection. 

8. "Journal," in which he shall enter every judgment, sent- 
ence, decree, determination, denial, and every other act done or 



23.— C 




CIVIL CODE 



order made by him, in his official capacity, so as to constitute a 
complete journal of the current proceedings of his office. 

Each of said books shall be furnished with a full and com- 
plete alphabetical index, in the surnames of the parties, to the 
several matters therein contained. 
xviTi., 131. g "Index to Lands Devised," in which he shall, immedi- 
ately after wills shall have been duly proved, enter the names 
of the devisors and devisees and a short description of lands de- 
vised under wills filed in his office, together with convenient 
refer